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ELRCDismissedNot stated in the judgment· [2019] KEELRC 685 (KLR)

Guyo Huka v Mawara Holding Limited [2019] KEELRC 685 (KLR)

Employment and Labour Relations Court
23 September 2019
HWHellen Wasilwa
1,666 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Employment Court dismissed a company's repeat application to stop judgment enforcement, ruling that refiling the same request is barred as res judicata.

What this practically means

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Executive summary

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Mawara Holdings Limited, the respondent in the main claim filed by Guyo Huka, moved the Employment and Labour Relations Court by Notice of Motion dated 03/05/2019 under Section 12 of the Employment & Labour Relations Court Act and Rule 33(1)(b) and (d) of the ELRC (Procedure) Rules, 2016. It sought an interim injunction staying execution of the judgment and decree, and review, setting aside and vacation of orders issued on 29/04/2019 dismissing its earlier application dated 19/03/2019, which that application be reinstated for full hearing. The applicant contended that it had never been served with the suit, that the advocate said to have appeared for it on 13/11/2017 (one Miss Makori) was a stranger without instructions, and that the earlier dismissal rested on a mistake and error apparent on the face of the record. The claimant opposed through grounds of opposition and submissions, arguing the fresh application was an abuse of process, did not satisfy Order 42 Rule 6 of the Civil Procedure Rules, and was res judicata since a competent court had dismissed a similar application on 29/04/2019, citing Order 45 Rule 6 barring second applications for review. The court, per Lady Justice Hellen Wasilwa, confirmed from its record that the 19/03/2019 application had been heard and dismissed on 29/04/2019 on the ground that the respondent had attended court on 13/11/2017 before J. Nzioki. Holding that the applicant had merely refiled the same application, the court found it lacked jurisdiction to entertain the matter as res judicata and dismissed the application with costs to the claimant.

Key legal issues

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01

Whether the application dated 03/05/2019 is res judicata

Holding

Yes. The same application, dated 19/03/2019, had been heard and dismissed on 29/04/2019 on the ground that the Respondent had attended Court on 13/11/2017 before J. Nzioki; the refiled application could not be entertained.

Reasoning

The Court examined its own record and confirmed that on 29/04/2019 it had heard and dismissed the Respondent's earlier application seeking stay orders, reasoning that the contention of non-service was incorrect because the Respondent had attended Court on 13/11/2017. The fresh application refiled the same relief, and a court cannot re-open a matter it has already determined; the application was therefore barred by res judicata.

p. 3

Legal principles established

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  • A second application seeking the same relief after a prior application has been heard and dismissed is res judicata and the court has no jurisdiction to entertain it

Court orders

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  1. 1.The Respondent/Applicant's Notice of Motion dated 03/05/2019 is dismissed with costs to the Claimant

Authorities

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Legislation

  • Employment & Labour Relations Court ActSection 12; Section 16
  • Employment & Labour Relations Court (Procedure) Rules, 2016Rule 33(1)(b) and (d); Rule 32
  • Civil Procedure Rules, 2010Order 42 Rule 6; Order 45 Rule 6
  • Civil Procedure ActSection 7

Cases cited (8)

  • Staff Pension Fund & Kenya Commercial Bank Staff Retirement (DC) Scheme 2006 & another v Ann Wangui Ngugi & 524 others
    [2018] eKLR
  • Kenya Union of Commercial Food & Allied Workers Union v Kapa Oil Refineries Limited
    [2018] eKLR
  • John Florence Maritime Services Limited and Another v Cabinet Secretary for Transport and Infrastructure and 3 Others
    [2015] eKLR
  • Oscar Juma v Telkom Kenya Limited & 2 others
    [2019] eKLR
  • Butt v Rent Restriction Tribunal
    [1979] eKLR
  • Phillip Cavine Ochieng v Securex Agencies Limited Nairobi CA 219 of 2017
  • A.N. v B.K.
    [2015] eKLR
  • Mburu Kinyua v Gachini Titi
    1976-80 1 KLR 790
Jurisdiction invoked
Section 12 of the Employment & Labour Relations Court Act, 2011; Rule 33(1)(b) and (d) of the Employment & Labour Relations Court (Procedure) Rules, 2016

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Guyo Huka v Mawara Holding Limited [2019] KEELRC 685 (KLR)", Case Analysis (2019). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/685/eng@2019-09-23

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.