KENNETH OGUTU EKESSAH v ALLPACK INDUSTRIES LIMITED AND KENYA UNION OF PRINTING, PUBLISHING, PAPER MANUFACTURES & ALLIED WORKERS [2007] KEHC 1919 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI (NAIROBI LAW COURTS)

Civil Suit 1094 of 2004

KENNETH OGUTU EKESSAH ..................................................... PLAINTIFF/RESPONDENT

VERSUS

ALLPACK INDUSTRIES LIMITED ................................................................1ST DEFENDANT

KENYA UNION OF PRINTING, PUBLISHING,

PAPER MANUFACTURES & ALLIED WORKERS ………2ND DEFENDANT/APPLICANT

RULING

This Chamber Summons brought under VI Rule 13 (1) (a) of the Civil Procedure Rules seeks to have the Plaintiff’s case in “the plaint herein” against the 2nd Defendant be struck out on the ground that it discloses no reasonable cause of action against the 2nd Defendant.

M/s J.A Guserwa representing the 2nd Defendant submitted that this was an application for an order to have the 2ND Defendant struck off the pleadings as the Cause of action as filed discloses no cause of action against the 2nd Defendant.

Mr. Conll Rajaba Mwondi the 2nd Defendant’s National General Secretary has sworn a supporting Affidavit.  The Plaintiff seeks damages for wrongful dismissal from employment.  Was employed by the 1st Defendant who exercised right to dismiss the Plaintiff and the 2nd Defendant had no part at all to play.  M/s Guserwa submitted further that nothing shows the role the 2nd defendant played in the dismissal of the Plaintiff.  That is why this application was not opposed.  No cause of action disclosed.  Application be granted.

Having carefully considered what has been said in the light of the plaint, original or amended particularly paragraphs 8,9 and 10, I do not agree with what M/s Guserwa has said and therefore this Chamber Summons is hereby dismissed with no order as to costs.

Dated and delivered at Nairobi this 7th day of December, 2007.

J.M. KHAMONI

JUDGE