Muthiani v Women’s Link Worldwide (Petition E193 of 2021) [2023] KEELRC 358 (KLR) (9 February 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 358
- Citation
- [2023] KEELRC 358 (KLR)
- Decided
- 9 February 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureRespondent seeks to amend notice of preliminary objectionCoramAN MWAURE
Holding
The application to amend the notice of preliminary objection is rejected
Facts
Petitioner filed a petition on November 30, 2021, alleging grievances related to a consultancy agreement from February 1, 2017. Respondent raised a notice of preliminary objection based on jurisdictional clauses.
Issues
- Whether the amendment of the notice of preliminary objection is allowed
- Whether the preliminary objection should be amended
Reasoning
The court found that the amendment was not made in good faith and would not correct any defect or error in the proceedings. The preliminary objection should not be amended as it is a point of law that must determine the suit conclusively.
Outcome
Application dismissed
Orders
- Application for amendment of notice of preliminary objection is rejected
- Petitioner can either proceed with the preliminary objection or withdraw it and file it afresh
Authorities cited
Cases cited (2)
- Andrew Wabuyele Biketi v Chinese Centre for the Promotion of Investment Development & Trade in Kenya Limited & 2 others [2015] eKLR
- St. Patrick’s Hill School Limited v Bank of Africa Kenya Limited [2018] 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.
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