Kenya Union of Domestic, Hotels, Education Institutions & Hospitals v Eastleigh High School (Employment and Labour Relations Cause 354 of 2015) [2024] KEELRC 787 (KLR) (11 April 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 787
- Citation
- [2024] KEELRC 787 (KLR)
- Decided
- 11 April 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour RelationsPostureAppeal from a judgment striking out the suitCoramMATHEWS NDERI NDUMA
Holding
The application is dismissed with costs to the respondent
Facts
The applicant filed a suit on May 11, 2015, against Eastleigh High School, but the suit was struck out on June 8, 2023, due to Eastleigh High School being deemed a non-existent legal entity. The applicant failed to amend the suit to sue the correct respondent, BOM Eastleigh High School, until after the judgment was delivered.
Issues
- Whether the suit should be reinstated and amended
- Whether the application for reinstatement is an abuse of the court process
Reasoning
The court found that the suit was struck out after being heard on the merits, and the applicant had ample time to amend the suit but did not do so. The court considered the legal principles and found that the application is an abuse of the court process.
Outcome
Dismissed
Orders
- The application is dismissed with costs to the respondent
Authorities cited
Cases cited (2)
- Evans Otiende Omollo v School Committee Union Primary School
- Kigasie Kivai v Ernest Opesi Kivai
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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