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Moses Ogutu Oyugi, Hudson Lumire, Franklin Nkonge, Joseph Opondo, Obote Shiundu, Enock Akello & Sammy Eregwa v. Kenya Shoe and Leather Workers Union Registrar of Trade Unions

(2018) JELR 98901 (CA)

Court of Appeal  •  Civil Appeal 336 of 2012  •  20 Apr 2018  •  Kenya

Coram
Daniel Kiio Musinga, William Ouko, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

INTRODUCTION

1. This judgment arises from a ruling delivered by Mbaru, J. on 12th October, 2012 in respect of a preliminary objection filed by the respondents in Industrial Cause No. 801 of 2012. In that preliminary objection the respondents contended that the appellants’ claim in the aforesaid suit was the same subject matter as in Industrial Cause No. 183 of 2012 involving the same parties that had been heard and determined by Mukunya, J. on 26th April, 2012.

2. The trial court allowed the preliminary objection and proceeded to dismiss the appellants’ application dated 9th May, 2012 as well as the entire suit.

APPEAL

3. Being aggrieved by the said decision, the appellants preferred an appeal to this Court. Their basic argument was that the learned trial judge erred in law by holding that the issues in the two suits were the same; that the parties in dispute were the same; and that the earlier suit had been conclusively determined. They urged this Court to allow the …

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