Jonathan M. Mwandime v Banbros Limited [2015] KEELRC 1155 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1155
- Citation
- [2015] KEELRC 1155 (KLR)
- Decided
- 29 April 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabour DisputePostureRespondent's Application for Stay and Set Aside JudgmentCoramHon. Justice Hellen S. Wasilwa
Holding
The court set aside the judgment and granted a stay of execution proceedings.
Facts
Respondent filed an application seeking to set aside a judgment and stay execution proceedings, alleging non-service of summons and lack of defense. Claimant opposed the application, stating they had a meritorious defense and were ready to settle any amounts owed.
Issues
- Non-service of summons
- Lack of defense
- Irreparable loss if stay not granted
Reasoning
The court found that the Respondent was not served with summons and had not received hearing notices, and that the defense did not raise triable issues.
Outcome
Application granted
Orders
- Judgment set aside
- Stay of execution proceedings
Remedies
- Claimant given liberty to defend
- Claimant costs of application
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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