Provisions
84 results
The Court may consolidate suits if it appears that in any number of suits— (a) some common question of fact or law arises; or (b) it is practical and appropriate to proceed with the issues raised in the suits simultaneously.
(1) Where two or more persons have instituted suits against the same respondent, the Court may, either on its own motion or upon the application of any of the parties with notice to all the affected parties, if satisfied that the issues to be tried in each suit are similar, make an order— (a) direct…
(1) A trade union including employers’ or employees’ associations registered under the Labour Relations Act (Cap. 233) are entitled to represent themselves or their members by filing and acting in suits accordingly. (2) Where a party is represented by a trade union or an employers’ organization, the…
(1) At any-time in a pending suit or application a party may, by an oral application before Court or by notice in writing, which notice shall be served on all parties, wholly or partially, discontinue the suit or application, as the case may be, against all or any of the respondents. (2) Where a sui…
(1) The Court shall give such directions as may be necessary to enable the parties to prepare for and conduct the hearing. (2) Evidence before the Court may be given orally or if the Court so orders, by affidavit or a written statement. (3) The Court may, at any stage of the hearing, require the att…
(1) Upon completion of the hearing and presentation of the facts, evidence and statements by the parties, witnesses and experts, if any, the Court shall declare the hearing closed. (2) The Court shall not re-open a hearing unless, for sufficient reason, it considers it fit to do so.
(1) Upon hearing the facts and evidence presented and upon consideration of the matters in question, the parties shall, subject to the Court’s direction, agree between themselves on whether to orally submit or file written submissions summing up their respective cases before the Court. (2) Where wri…
(1) The Court shall, after considering all relevant facts and supporting documents— (a) where the suit was originated by a statement of claim, petition, judicial review applioation or appeal, deliver a judgment; and (b) in any other proceedings, deliver a ruling; Provided that subject to these Rules…
(1) Where parties have entered into a conciliation, negotiation or mediation agreement, or, are bound by an arbitral award or a lawful decision reached in Alternative Justice Systems, a party may file the award, decision or agreement for adoption and enforcement as an order of the Court. (2) An appl…
(1) The Court shall Be guided by section 12(4) of the Act and Advocates (Remuneration) Order (Sub. Leg) in awarding costs. (2) A party and party Bill of costs shall be filed in the main suit. (3) An advocate and client bill of costs shall be instituted through a miscellaneous application. (4) The Co…
(1) The Registrar shall cause a record of the proceedings and the decisions of the Court to be kept in accordance with the provisions of the Act and any other Written law governing the keeping of judicial records. (2) The record of the proceedings and decisions of the Court shall be made available t…
(1) The Registrar shall draw, seal and issue each order of decree of the Court. (2) An order or decree shall be drawn in accordance with the decision of the Court and shall specify clearly in paragraphs the relief sought and granted, any other determination and costs, if any. (3) An order or a decre…
(1) The Registrar shall issue an order in execution of a decree. (2) Rules on execution or stay of execution of an order or decree of the Court shall be in accordance with the Civil Procedure Rules. (3) Where any written law provides for the enforcement of the decision of an administrative body by t…
(1) A person who is aggrieved by a decree or an order from which an appeal is allowed but from which no appeal is preferred or from which no appeal is allowed, may within reasonable time, apply for a review of the judgment or ruling— (a) if there is discovery of a new and important matter or evidenc…
The Court shall, at the request of the parties or on its own motion, cause any clerical mistake, incidental error or omission to be rectified and shall notify the parties of such rectification.
The seal of the Court shall be authenticated by the signature of the Registrar.
(1) An employer, organization of employers or trade union that has entered into a collective agreement shall lodge a copy of the agreement with the Cabinet Secretary within fourteen days of its execution. (2) The Cabinet Secretary shall furnish the Court with a copy of each collective agreement that…
(1) Any person who seeks to challenge the registration of a collective agreement shall file a miscellaneous application initiated by a notice of motion supported by an affidavit exhibiting all relevant documents. (2) A respondent to the application under this rule may file a replying affidavit withi…
(1) In any economic dispute involving a collective agreement or any other issue where the Court considers it fit, the Court may order the Central Planning and Monitoring Unit to file a report within thirty days of service of the pleadings in the suit or within thirty days of service of the pleadings…
The Court may, upon application or on its own motion, extend any time prescribed under these Rules or such time as may be stipulated in an order of the Court.
(1) The fees chargeable by the court for filing pleadings, instruments and procedures shall be as set out in the Second Schedule. (2) The Court may, on application by a party in writing and upon being satisfied that the party does not possess sufficient means to pay the fee prescribed by law, waive…
(1) A party may, through a miscellaneous application, apply for the reconstruction of a court file that cannot be traced. (2) Where the court is satisfied that the original court file cannot be traced, the court may order the recontruction of the file. (3) An order to reconstruct a court file under…
The Registrar shall be responsible to the Court for— (i) the administration and management of a station or division of the Court; (ii) implementation of the Court's directions and orders on case management; (iii) assisting the Judges for efficient judicial docket management system of the Court inclu…
The Employment and Labour Relations Court (Procedure) Rules (L.N. 146/2016) are revoked.