Transport Workers Union v City General Stores Ltd [2015] KEELRC 1424 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA AT NAIROBI

CAUSE NUMBER 1904 OF 2014

TRANSPORT WORKERS UNION………………………….……CLAIMANT

VERSUS

CITY GENERAL STORES LTD……………….…………….RESPONDENT

RULING

1.     The Court has considered the notice of preliminary objection filed by the Claimant herein and is of the considered view that the same does not constitute in law a preliminary objection as the issues raised are contested and would require calling oral evidence or exchange of documents.

2.     The Court relying on the principles governing preliminary objection as set out in the case of Mukisa Biscuit Co. v. West End Distributors (1969) EA 696 hereby finds that the so called preliminary objections is unmerited and dismisses the same with costs.

3.     It is so ordered

Dated at Nairobi this 13th  day of February 2015

Abuodha J. N.

Judge

Delivered this 13th day of February 2015

In the presence of:-

……………………………………………………………for the Claimant and

………………………………………………………………for the Respondent.

Abuodha J. N.

Judge