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ELRCDismissedCause No 301 of 2018· [2020] KEELRC 500 (KLR)
Ochola Raymond Oboo v Omar Shariff Ali & 3 others [2020] KEELRC 500 (KLR)
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·~5 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#The Claimant sued Omar Shariff Ali, Yaye Said Athman, Ali Omar Shariff and Habib Omar Shariff, trading as Istiqama Academy and Tuition Centre, claiming compensation for alleged dismissal from his position as a senior teacher by letter dated 1st December 2017. The Respondents filed a Reply and witness statement, and the Claimant testified on 29th July 2019. When the matter came up for defence hearing on 17th February 2020, the Respondents sought leave to file an application for leave to issue third party notices to Juma Boma, Sheikh Ali Idris, Salma Anwar and Ali Hussein, and to reopen the case, on the basis that they had handed over management of the school to new directors who allegedly sacked the Claimant. The Claimant opposed, citing procedural defects, unpaid thrown away costs of Kshs. 35,000, delay, and the absence of any transfer of ownership. Ruling on the single issue of whether the case should be reopened to allow third party notices, the court noted that Order 1 Rule 15 requires such leave to be sought within fourteen days after close of pleadings, which closed on 8th August 2018. The application came over a year later and after the Claimant closed his case, with no explanation for the delay. Nor was there evidence linking the proposed third parties to the Claimant's employment or termination: the termination letter was signed by the 1st Respondent as Director, and the hand over agreement postdated the termination. The court dismissed the application with costs to the Claimant.
Key legal issues
#01
Whether leave to issue third party notice should be granted where the application is made long after the close of pleadings and after the claimant's case has closed
Holding
The application fails; leave is refused and the case is not reopened.
Reasoning
Pleadings closed on 8th August 2018 when the matter was certified ready for hearing. The application was filed over a year later and after the Claimant closed his case, with no explanation for the delay. Further, no evidence connected the proposed third parties to the Claimant's employment or termination: the termination letter of 1st December 2017 was signed by Omar Shariff as Director, and the hand over agreement with the Board of Governors was executed in January 2018, after the termination. The application was therefore unmeritorious.
p. 3
Legal principles established
#- Leave to issue a third party notice under Order 1 Rule 15 must be sought within fourteen days after the close of pleadings, and a party seeking it out of time must explain the delay and demonstrate a link between the proposed third party and the suit
- An unexplained late application for third party proceedings, made after the claimant has closed his case, will be dismissed
Court orders
#- 1.Dismissal of the Respondents' application dated 28th February 2020 seeking leave to issue third party notices and to reopen the case
- 2.Costs of the application to the Claimant
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over a claim for compensation for alleged dismissal; application brought under Order 1 Rule 15 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ochola Raymond Oboo v Omar Shariff Ali & 3 others [2020] KEELRC 500 (KLR)", Case Analysis (2020). Cause No 301 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/500/eng@2020-09-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.