David Nyonga Onyango v Eldomatt Hyper Limited [2018] KEELRC 1002 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1002
- Citation
- [2018] KEELRC 1002 (KLR)
- Decided
- 4 October 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeApplication for Leave to ProceedPostureClaimant seeks leave to proceed with the matter to full hearingCoramHon. Lady Justice Maureen Onyango
Holding
The consent judgment is set aside due to the advocate's misrepresentation and lack of client authority.
Facts
Claimant was terminated from employment, testified in court, and later learned that a consent judgment had been entered in favor of his advocate for Kshs.40,000, which he claims was misrepresented to him.
Issues
- Whether the claimant is bound by the consent judgment entered by his advocate
- Whether the consent judgment should be set aside
Reasoning
The court applied principles from previous cases to determine that the advocate did not have authority to enter the consent judgment and misrepresented the facts to the client.
Outcome
The consent judgment is set aside, and the matter is ordered to proceed to full hearing.
Orders
- Consent judgment set aside
- Matter ordered to proceed to full hearing
Remedies
- Claimant to pursue the matter to full hearing
Authorities cited
Cases cited (3)
- FLORA WASIKE -V- DESTINO WAMBOKO [1982 – 1988] I KAR 625
- BROOK BOND LIEBIG -V- MALLYA [1975] EA. 226
- KAFUMA -V- KIMBOWA CONTRACTORS (1974 EA)
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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