Joscarlos Abukuse Obaga v Global Cargo Movement Limited [2020] eKLR Case Summary

Court
Employment and Labour Relations Court at Mombasa
Category
Civil
Judge(s)
Linnet Ndolo
Judgment Date
October 08, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
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Case Brief: Joscarlos Abukuse Obaga v Global Cargo Movement Limited [2020] eKLR

1. Case Information:
- Name of the Case: Joscarlos Abukuse Obaga v. Global Cargo Movement Limited
- Case Number: Civil Appeal No 13 of 2019
- Court: Employment and Labour Relations Court at Mombasa
- Date Delivered: 8th October 2020
- Category of Law: Civil
- Judge(s): Linnet Ndolo
- Country: Kenya

2. Questions Presented:
The central legal issues presented before the court include whether the Respondent's application for review of the judgment delivered on 9th April 2020 should be granted based on alleged errors apparent on the face of the record, and whether the Respondent's claims regarding the Appellant's termination and compensation are valid.

3. Facts of the Case:
The parties involved are the Appellant, Joscarlos Abukuse Obaga, and the Respondent, Global Cargo Movement Limited. The background facts indicate that the Appellant's employment was terminated for gross misconduct following a road accident on 30th June 2017 in Kakira, Uganda, which was attributed to him. The Appellant faced criminal charges related to the accident, pleaded guilty, and was fined. Subsequently, the Employment and Labour Relations Court awarded the Appellant Kshs. 90,000 in compensation, which the Respondent contested, claiming the Appellant was not entitled to this payment due to prior misconduct and full payment of salary for the months preceding termination.

4. Procedural History:
The Respondent filed a Notice of Motion application on 4th June 2020, seeking to review the judgment delivered on 9th April 2020. The Respondent's application was supported by an affidavit from its Managing Director, asserting that errors existed in the original judgment. The Appellant opposed the application on grounds of it being frivolous and lacking merit, asserting that the Respondent was attempting to appeal the court's decision rather than seeking a legitimate review.

5. Analysis:
- Rules: The court's power to review its own decisions is governed by Section 16 of the Employment and Labour Relations Court Act and Rule 33 of the Employment and Labour Relations Court (Procedure) Rules. Rule 33 outlines the conditions under which a review may be granted, including discovery of new evidence or apparent mistakes in the record.
- Case Law: The court referenced the case of *Francis Njoroge v Stephen Maina Kamore [2018] eKLR*, which clarified that a wrong view on an issue may warrant an appeal but not a review, emphasizing the distinction between the two legal remedies.
- Application: The court found that the Respondent's application did not specify any error apparent on the face of the record and sought to introduce new evidence that had not been presented during the initial trial. The court concluded that the Respondent was essentially seeking to appeal its own decision, which was beyond its authority.

6. Conclusion:
The court disallowed the Respondent's application for review, affirming the original judgment. The ruling underscored the importance of adhering to procedural rules regarding applications for review and clarified that the court would not entertain attempts to re-litigate matters already decided.

7. Dissent:
There were no dissenting opinions noted in the ruling.

8. Summary:
The Employment and Labour Relations Court ruled against the Respondent's application for review of its earlier judgment in favor of the Appellant. This case highlights the limitations of judicial review and reinforces the principle that courts should not revisit their own decisions without clear and sufficient grounds. The decision serves as a precedent in employment law regarding the conditions under which a review may be sought.

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