Mohamed Hassan Mkoma v Kenya Marine Contractors [EPZ]Limited [2015] KEELRC 506 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 506
- Citation
- [2015] KEELRC 506 (KLR)
- Decided
- 28 September 2015
Summary at a glance
TypeIndustrial CourtPostureRespondent's Application to set aside AwardCoramJames Rika
The Court dismisses the Respondent's Application to set aside the Award and orders costs to the Claimant.
Facts
Claimant gave evidence and closed his case on 19th March 2014. The Respondent's case was scheduled for hearing on 25th November 2014, but neither the Respondent nor its Advocates attended. The Respondent filed an Application to set aside the Award citing the Advocates' Clerk's oversight and the Claimant's failure to serve Closing Submissions and Mention Notices.
Issues
- Respondent's failure to attend hearing
- Claimant's default in serving Submissions
Reasoning
The Court finds no convincing reason for the Respondent's failure to attend the hearing and criticizes the Respondent's foot-dragging throughout the proceedings. The Claimant's default in serving Submissions does not explain the Respondent's failure to attend the hearing.
Outcome
Application dismissed with costs to the Claimant
Orders
- Application dismissed with costs to the Claimant
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