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Kennedy Makasembo v Kenya Union of Post Primary Education Teachers [2017] KEELRC 1630 (KLR)

[2017] KEELRC 1630 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1630
Citation
[2017] KEELRC 1630 (KLR)
Decided
19 January 2017
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeLabour DisputePostureApplication for setting aside judgment in default of appearance and defenceCoramHon. Lady Justice Maureen Onyango
The court finds no just cause to set aside the judgment and denies the application.

Facts

The applicant was served with pleadings but failed to present its defence. The applicant did not file a supplementary affidavit to contest the averments in the replying affidavit.

Issues

  • Setting aside judgment in default of appearance and defence
  • Deliberate non-compliance with court orders

Reasoning

The court considers the applicant's deliberate failure to defend itself and its non-compliance with court orders, finding no just cause to set aside the judgment.

Outcome

Application denied

Authorities cited

Cases cited (5)
  • Baraka Apparel EPZ (K) Ltd v Rose Mbula Ojwang T/A Faida 2002 (eKLR)
  • Sheikh t/a Hasa Hauliers vs Highway Carriers Ltd 1988 (KLR)
  • Maina vs Muriuki 1984 (KLR)
  • Shailesh Patel t/a Energy Company of Kenya vs Kessel's Engineering Works LTD and Nzioa Sugar Co. Ltd and another 2014 (HCCC)
  • Prime Bank LTD vs Paul Otieno T/A Nyamodi & CO. Advocates 2013 (HCCC)
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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