Osore Sammy Mohan v Tononoka Rolling Mills Limited [2017] KEELRC 1611 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT

AT NAIROBI

CAUSE NO 2132 OF 2016

OSORE SAMMY MOHAN.......................................CLAIMANT

VERSUS

TONONOKA ROLLING MILLS LIMITED........RESPONDENT

RULING

1. This application is generated by the Respondent’s application brought by Notice of Motion dated 15th December 2016 seeking orders to strike out the Claimant’s claim.

2. The application which is supported by the affidavit of Lucy Kabura Nyaencha, Advocate sworn on 15th December 2016 is based on the ground that the Claimant has filed a similar claim being Nairobi ELRC No 348 of 2016 which is pending before the Court.

3. In her affidavit, Counsel depones that the Claimant herein has filed another claim based on the same grounds through the firm of Mugendi Karigi & Company Advocates. She adds that prior to filing the Memorandum of Defence her firm had notified the Claimant’s Advocates on record of the existence of another similar claim.

4. The Claimant did not respond to the application in spite of due notice.

5. I have looked at the Claimant’s claim in this case alongside his claim in Cause No 348 of 2016and find that the two claims are based on the same set of facts. The present claim is therefore an abuse of the court process and is struck out with no order for costs.

6. It is so ordered.

DATED SIGNED AND DELIVERED IN OPEN COURT AT NAIROBI THIS 17THDAY OF MARCH 2017

LINNET NDOLO

JUDGE

Appearance:

No appearance for the Claimant

Mrs. Nyaencha for Respondent