Josephine Ndinda Kimweli & another v Jazz Warah & another [2020] eKLR Case Summary

Court
Employment and Labour Relations Court at Nairobi
Category
Civil
Judge(s)
Hon. Justice Byram Ongaya
Judgment Date
October 16, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the case summary of Josephine Ndinda Kimweli & another v Jazz Warah & another [2020] eKLR. Delve into the key legal insights and implications from this landmark judgment.

Case Brief: Josephine Ndinda Kimweli & another v Jazz Warah & another [2020] eKLR

1. Case Information:
- Name of the Case: Josephine Ndinda Kimweli & Florence Kyengo Katunge v. Jazz Warah & Mini Warah
- Case Number: Cause No. 2590 of 2016
- Court: Employment and Labour Relations Court of Kenya
- Date Delivered: 16th October 2020
- Category of Law: Civil
- Judge(s): Hon. Justice Byram Ongaya
- Country: Kenya

2. Questions Presented:
The central legal issues the court must resolve include whether the dismissal of the claimants' suit on 11th March 2019 was appropriate and whether the claimants should be allowed to reinstate their suit for hearing.

3. Facts of the Case:
The claimants, Josephine Ndinda Kimweli and Florence Kyengo Katunge, filed an application on 14th February 2020 to set aside a court order dismissing their suit, which had been initially filed on 16th December 2016. The suit was dismissed on 11th March 2019 without the claimants being present in court. The claimants argued that the dismissal was unjust and that they had a valid case that warranted a hearing. The respondents, Jazz Warah and Mini Warah, opposed the application, claiming it was filed after undue delay and lacked sufficient grounds for reinstatement.

4. Procedural History:
The claimants filed their application under various provisions of the Civil Procedure Rules and the Civil Procedure Act. The respondents filed their grounds of opposition on 11th May 2020, asserting that the application was defective and that the claimants had failed to take steps to prosecute their suit for over two years. The court reviewed the history of the case, including a notice of withdrawal filed by the claimants in March 2017, which added complexity to the proceedings.

5. Analysis:
- Rules: The court considered provisions under the Civil Procedure Rules, particularly Order 10 Rule 9 and Order 12 Rule 7, as well as section 3A of the Civil Procedure Act, which allows courts to make orders for the ends of justice.
- Case Law: The court referenced Article 159 of the Constitution of Kenya, which emphasizes the need for justice to be administered without undue regard to procedural technicalities, indicating a preference for substantive justice over procedural strictness.
- Application: The court found that the dismissal of the suit on 11th March 2019 was not properly substantiated, as there was no evidence that the mention notice had been served to the claimants. The court ruled that the claimants should be given another opportunity to present their case, aligning with the principles of justice outlined in the Constitution.

6. Conclusion:
The court ruled in favor of the claimants by setting aside the dismissal order from 11th March 2019 and allowing the case to be reinstated for hearing. This decision underscores the court's commitment to ensuring that justice is served, even in the face of procedural challenges.

7. Dissent:
There were no dissenting opinions noted in this case.

8. Summary:
The Employment and Labour Relations Court of Kenya determined that the dismissal of the claimants' suit was unjustified and reinstated the case for hearing. This ruling highlights the court's focus on substantive justice and the importance of allowing parties the opportunity to present their cases, regardless of procedural missteps.

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