Golden Biscuits (1985) Limited v Otieno (Appeal E228 of 2022) [2024] KEELRC 1222 (KLR) (21 May 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1222
- Citation
- [2024] KEELRC 1222 (KLR)
- Decided
- 21 May 2024
Summary at a glance
TypeAppealPostureAppeal from the Judgment of the Chief Magistrate's CourtCoramNZIOKI WA MAKAU
The appeal is allowed, and the judgment of the Chief Magistrate's Court is set aside. The respondent is not entitled to the relief he obtained, and the suit is dismissed with no order as to costs.
Facts
Golden Biscuits (1985) Limited filed an appeal against the judgment of the Chief Magistrate's Court, stating that the trial magistrate erred in fact and law in decreeing that the respondent is still in the employment of the appellant and in determining matters on the basis of non-pleaded matters.
Issues
- Whether the trial magistrate erred in decreeing that the respondent is still in the employment of the appellant and yet the same was never pleaded.
- Whether the trial magistrate erred in decreeing that the respondent is still in the employ of the appellant and yet it had decreed that he failed to attend the disciplinary meetings.
Reasoning
The court found that the trial magistrate erred in determining the matter on the basis of non-pleaded matters and in granting reliefs not sought. The court also found that the respondent was not entitled to salary from 2018 to the date of judgment.
Outcome
Appeal allowed, judgment set aside, respondent not entitled to relief
Orders
- Judgment of the Chief Magistrate's Court set aside
- Suit dismissed with no order as to costs
⚠ 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.
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