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MICHAEL MUNYI V HOTEL INTERCONTINENTAL NAIROBI [2008] KEHC 3182 (KLR)

[2008] KEHC 3182 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
3182
Citation
[2008] KEHC 3182 (KLR)
Decided
25 April 2008
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureAppeal from a summary judgment orderCoramR. N. NAMBUYE
Holding

The plaintiff's application for summary judgment is struck out as the liquidated amount was not included in the reliefs section of the plaint.

Facts

The plaintiff, Michael Munyi, was dismissed summarily by the defendant, Hotel Intercontinental Nairobi, for gross misconduct. He sought declarations and damages.

Issues

  1. Whether the dismissal was for redundancy or summary dismissal
  2. Whether the plaintiff is entitled to redundancy pay and other benefits

Reasoning

The court found that the plaintiff's application was incompetent because the liquidated amount was not included in the reliefs section of the plaint, which is required for a liquidated claim.

Outcome

The plaintiff's application for summary judgment is struck out.

Orders

  • The plaintiff's application for summary judgment is struck out.
  • The defendant will have costs of the struck out application.
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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