Makau v I & M Bank Limited (Cause E575 of 2020) [2023] KEELRC 1986 (KLR) (4 July 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1986
- Citation
- [2023] KEELRC 1986 (KLR)
- Decided
- 4 July 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabour DisputePostureRespondent's Motion to Set Aside OrdersCoramNZIOKI WA MAKAU
Holding
The respondent's motion is dismissed as res judicata and issue estoppel apply, and the application is not tenable or merited.
Facts
The respondent/applicant seeks to set aside orders issued by the court on September 24, 2020, regarding the sale of the claimant's house and transfer of a vehicle.
Issues
- Res judicata and issue estoppel
- Suitable forum for the determination of the transactions involving the sale of the claimant's house and transfer of a vehicle
Reasoning
The court held that the transactions involving the sale of the claimant's house and transfer of a vehicle are best determined by the Environment and Land Court due to the pre-Dominant Purpose Test.
Outcome
The respondent's motion is dismissed with costs to the claimant.
Orders
- The respondent's motion is dismissed
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.
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