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Adan v County Public Service Board – Mandera & another (Employment and Labour Relations Petition E074 of 2020) [2024] KEELRC 1805 (KLR) (11 July 2024) (Ruling)

[2024] KEELRC 1805 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1805
Citation
[2024] KEELRC 1805 (KLR)
Decided
11 July 2024
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour Relations PetitionPostureRespondents/applicants seek to strike out the party and party bill of costs and grant an order for re-hearing.CoramMATHEWS NDERI NDUMA
Holding

The application is dismissed with costs.

Facts

The petitioner filed a petition seeking reinstatement at job group 'K' and the respondents/applicants sought to set aside the judgment and grant a stay. The parties entered into a consent order on June 16, 2022, which settled the petition and reinstated the petitioner at job group 'K'. However, the consent did not address the issue of costs.

Issues

  1. Whether the court should strike out the party and party bill of costs.
  2. Whether the court should grant an order for re-hearing of the petition on merit.

Reasoning

The court found that the parties did not agree on the issue of costs and that costs follow the outcome if not expressly stated. The court dismissed the application as it lacked merit.

Outcome

Dismissed with costs

Orders

  • The application is dismissed with costs.

Authorities cited

Cases cited (2)
  • Frank Phipps and Pearl Phipps versus Harold Morrison SCCA 86 of 2008
  • Kinch versus Walcott and others [1929] A. C. 482
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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