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Benson Muriithi Kagai v Kenga Equatorial Hotels Ltd t/a Mombasa Intercontinental Resort Ltd [2016] KEELRC 340 (KLR)

[2016] KEELRC 340 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
340
Citation
[2016] KEELRC 340 (KLR)
Decided
18 November 2016
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureRespondent's appeal from a garnishee orderCoramONESMUS MAKAU
Holding

The motions are dismissed for lack of merits, and the garnishee order is not set aside.

Facts

Claimant brought motions to set aside a garnishee order and to act in person, claiming his advocate had concealed information and acted without his instructions.

Issues

  1. Whether the motions are competent
  2. Whether the orders sought by the claimant should be issued

Reasoning

The claimant's motions are incompetent because he did not obtain leave to act in person before bringing them. The court finds no merit in the motions and orders the claimant to pay the costs.

Outcome

Appeal dismissed

Orders

  • Notice of Motion dated 13.4.2016 is struck out for being incompetent
  • Notice of Motion dated 9.5.2016 is dismissed for lack of merits
  • Costs of the two motions will be paid to the counsel by the claimant
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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