Boniface Inondi Otieno v Mehta Electricals Ltd [2017] KEELRC 620 (KLR) | Limitation Of Actions | Esheria

Boniface Inondi Otieno v Mehta Electricals Ltd [2017] KEELRC 620 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE INDUSTRIAL COURT AT MOMBASA

CAUSE NUMBER 290 OF 2013

BETWEEN

BONIFACE INONDI OTIENO………...…. CLAIMANT

VERSUS

MEHTA ELECTRICALS LTD……….. RESPONDENT

Rika J

Court Assistant: Benjamin Kombe

Claimant in Person

No appearance for the Respondent

____________________________

RULING

1. In a Ruling dated 11th April 2014, the Court dismissed the Claim filed herein, on the ground that it was filed out of time.

2. In an Application dated 15th June 2017, the Claimant seeks to have the Court’s Ruling ‘declared null and void or a nullity.’  He argues that the decision (Radido J), was not sound in law, and it should be reviewed, set aside, and the dispute heard in full.

3. The Claimant made his arguments in Court on 26th July 2017.

The Court Finds:-

4. There is no legal ground to interfere with the Ruling of 11th April 2014.

5. The Claimant’s Application is completely misconceived.

6. It is noted the Claimant has been to various Courts, filing all manner of Applications.

7. These multiple Applications could have the effect of the Claimant being declared a vexatious litigant.

IT IS ORDERED:-

a. The Application dated 15th June 2017 is dismissed with no order on the costs.

b. File closed.

Dated and delivered at Mombasa this 23rd  day of October 2017.

James Rika

Judge