Dorothy Vivian Atieno Ogutu v Mumias Sugar Company Limited [2016] KEELRC 423 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 423
- Citation
- [2016] KEELRC 423 (KLR)
- Decided
- 8 September 2016
Summary at a glance
TypeApplication for Review of Consent OrderPostureRespondent/Applicant seeks to set aside consent order selecting this case as a test suitCoramOmbija, Tanui, Visram
The court finds that the Respondent has failed to meet the threshold for setting aside consent orders and has not explained the delay in making the application.
Facts
The Respondent/Applicant claims that the consent order was entered into without its instructions, and that the Respondent's counsel had no authority to do so. The Respondent has not provided evidence of such instructions or that the counsel acted contrary to negative directions.
Issues
- Setting aside of consent order
- Jurisdiction of the court
Reasoning
The court notes that the Respondent has not provided evidence of instructions or that the counsel acted contrary to negative directions. The court also finds that the Respondent has not explained the delay in making the application.
Outcome
Application dismissed
Authorities cited
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