Masoni v Farmforce AS (Cause E730 of 2022) [2023] KEELRC 1967 (KLR) (28 July 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1967
- Citation
- [2023] KEELRC 1967 (KLR)
- Decided
- 28 July 2023
Summary at a glance
TypeApplication to strike out claimPostureRespondent's application to strike out claimCoramAN MWAURE, Madan, Willmer
The court dismissed the application to strike out the claim, finding that the Claimant did not prove there are special and exceptional cases for the court to assume jurisdiction of the matter.
Facts
Claimant Rose Nanzala Masoni filed an application to strike out the suit against Respondent Farmforce AS, claiming the court lacks jurisdiction due to the Respondent being a Norwegian company with no registered office in Kenya. The Claimant argued the contract was made and concluded in Kenya, and the contract was performed in Kenya.
Issues
- Jurisdiction of the Employment and Labour Relations Court
- Exclusive jurisdiction clause in the Contractor Agreement
Reasoning
The court cited previous cases to establish that the general rule is that the jurisdiction clause must be obeyed unless there are strong reasons for not keeping the parties bound by their agreement. The court found no such strong reasons in this case.
Outcome
Application to strike out claim dismissed
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…