Republic v Retirement Benefits Appeals Tribunal & 5 others Ex-parte Willy Jeremiah Ombese [2014] KEHC 5331 (KLR)
- Court
- High Court of Kenya
- Case number
- 5331
- Citation
- [2014] KEHC 5331 (KLR)
- Decided
- 15 May 2014
The court declines to strike out the motion as the ends of justice would not be met by taking such drastic action. The ex-parte applicant is directed to file an affidavit verifying the decision in Retirement Benefits Appeals Tribunal, Civil Appeal No. 2 of 2009.
Facts
The applicant seeks to quash a decision of the Retirement Benefits Appeal Tribunal (RBAT) regarding pension calculations, claiming it was contrary to the scheme's rules. The applicant's counsel states that the decision sought to be quashed is not the one annexed to the applicant's verifying affidavit.
Issues
- Whether the ex-parte application is competent to seek to quash a decision not annexed to the verifying affidavit.
- Whether the failure to annex the decision is a material defect that vitiated the application.
Reasoning
The court finds that the applicant's counsel made an inadvertent error in not annexing the decision to the verifying affidavit. The court does not consider it proper to penalize the applicant for this error and directs the applicant to file the verified decision.
Outcome
The ex-parte application is not struck out.
Orders
- The ex-parte applicant is directed to file an affidavit verifying the decision in Retirement Benefits Appeals Tribunal, Civil Appeal No. 2 of 2009.
Authorities cited
Cases cited (2)
- Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Ltd [1969] E.A 696
- Murai v Murai (No.4) [1982] KLR 38, 47
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