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WS Insight Limited v. Adam Miller

(2020) JELR 94894 (CA)

Court of Appeal  •  Civil (Appeal) Application Nai. 104 of 2020  •  20 Nov 2020  •  Kenya

Coram
Roselyn Naliaka Nambuye, Daniel Kiio Musinga, Agnes Kalekye Murgor

Judgement

RULING OF THE COURT

This Notice of Motion dated 27th May 2020 is made under rules 5 (2) (b) of the Court of Appeal Rules, and has been brought in the main for orders that there be a stay of the proceedings in Employment and Labour Relations Cause No. 1393 of 2017, Adam Miller v. WS Insight Limited, pending the hearing and determination of the application and appeal and that costs be provided for.

The motion was supported by the affidavit of the applicant’s Managing Director, Ashton Towler, dated 27th May 2020, wherein it was deponed that the respondent had filed a claim in the Employment and Labour Relations Court against the applicant, where prior to the hearing of the claim, the applicant had filed a preliminary objection wherein it asserted that the Employment and Labour Relations Court did not have jurisdiction to hear the claim as it was not based on an employer/ employee relationship, and further that the claim sought to enforce an illegal contract, and was therefore caught up by…

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