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JudgmentAmalgamated Union VS Shankar Electronic Limited1 min read

Amalgamated Union VS Shankar Electronic Limited

Employment and Labour Relations Court at Mombasa ELRC · · Ocharo Kebira

Summary

The court dismissed the Respondent's preliminary objection, which claimed lack of jurisdiction and improper procedural propriety. The court held that the objection was improperly taken because the issues raised could only be determined by examining facts, requiring evidence through oral testimony or affidavit. The court found the objection lacked legal basis as it was not strictly based on a point of law but required factual inquiry.



1  The Respondent filed  a notice of preliminary objection dated 12th June 2025, contending:
a. THAT this Court lacks jurisdiction to determine this matter on account that this suit has been prematurely instituted.
b. The proceedings herein lack legal procedural propriety.

2 It is well-established law that a preliminary objection must be strictly based on a pure point of law, rather than a combination of law and facts. The objection cannot be deemed proper when facts require interrogation to resolve the issues raised.
3  I have carefully considered the preliminary objection raised by the Respondent. The matters raised can only be determined by examining facts, thus requiring the receipt of evidence either orally or by affidavit. The objection is therefore improperly taken. It is hereby dismissed.  
4 Orders accordingly.
Read, signed and delivered virtually in Mombasa this 24th June, 2025.




    Amalgamated Union VS Shankar Electronic Limited Amalgamated Union VS Shankar Electronic Limited