Njagi v Tharaka Nithi County Government (Cause 7 of 2020) [2023] KEELRC 1696 (KLR) (14 July 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1696
- Citation
- [2023] KEELRC 1696 (KLR)
- Decided
- 14 July 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeContemptPostureRespondent's Application to Strike Out Replying Affidavit and Allow Petitioner's Motion for ContemptCoramON MAKAU
Holding
The respondent's replying affidavit should be struck out and the motion for contempt allowed as prayed.
Facts
The petitioner filed a notice of motion on December 8, 2021, and the respondent filed a notice of preliminary objection on March 21, 2022, which was dismissed. The respondent then filed a replying affidavit to oppose the contempt motion.
Issues
- Whether the respondent's replying affidavit should be struck out and the motion allowed
- Whether the respondent is allowed to file a replying affidavit after a preliminary objection is dismissed
Reasoning
The court ruled that the respondent is not allowed to file a replying affidavit after a preliminary objection is dismissed unless it obtains leave from the court under Order 51 Rule 14 (3) of the Civil Procedure Rules. The court also cited the principle of estoppel and the abuse of process.
Outcome
The respondent's replying affidavit is struck out, and the motion for contempt is allowed.
Orders
- The respondent's replying affidavit is struck out
- The motion for contempt is allowed as prayed
Authorities cited
Legislation (2)
- Civil Procedure Rules
- ELRC Procedure Rules 2016
Cases cited (2)
- Mukisa Biscuits case
- Serah Njeri Mwobi v John Kimani Njoroge (2013) eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…