Japheth Omosa v Omar Shariff Ali & 3 others [2020] KEELRC 510 (KLR)
The bottom line
#A Kenyan court dismissed an employer's late attempt to drag new parties into a dismissal case, warning that delay kills such applications.
What this practically means
#Executive summary
#Key legal issues
#Whether the Respondents made out a case for reopening the case and joining third parties at the close of evidence
The application was unmeritorious and was dismissed with costs
Pleadings closed on 8th August 2018 when the matter was certified ready for hearing. The application was filed more than a year later, after both parties had testified and closed their cases and after the Claimant filed final submissions. The Respondents offered no explanation for the delay and produced no 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 handover agreement with the Board of Governors was executed after the termination.
Timeliness of a third party notice application under Order 1 Rule 15
The requirement to apply within fourteen days after close of pleadings was not met
The court applied Order 1 Rule 15(1) of the Civil Procedure Rules, 2010, which requires an application for leave to issue a third party notice to be made within fourteen days after the close of pleadings, by summons supported by affidavit. The Respondents' application, made after pleadings closed and after trial had concluded, fell far outside this window and no justification was advanced.
Legal principles established
#- Leave to issue a third party notice under Order 1 Rule 15 of the Civil Procedure Rules must be sought promptly, within fourteen days after the close of pleadings, and a party seeking it at a late stage must explain the delay and demonstrate a connection between the third party and the subject matter
Court orders
#- 1.The Respondents' application dated 28th February 2020 seeking leave to issue a third party notice and to reopen the case is dismissed with costs to the Claimant
- 2.The Respondents are directed to file final submissions on the main claim within fourteen (14) days from the date of the ruling
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over the claim for compensation for alleged dismissal (not expressly cited in the ruling)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Japheth Omosa v Omar Shariff Ali & 3 others [2020] KEELRC 510 (KLR)", Case Analysis (2020). Cause No 300 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/510/eng@2020-09-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.