Benjamin Charles Akenga v St Camillus Foundation & 4 others [2018] KEELRC 1720 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1720
- Citation
- [2018] KEELRC 1720 (KLR)
- Decided
- 20 June 2018
Summary at a glance
TypeApplication to set aside judgment and stay executionPostureApplication to set aside judgment and stay executionCoramD. K. N. Marete
The judgment and ex parte proceedings are set aside, and the application for stay of execution is granted.
Facts
The claimant filed a suit against the respondents/applicants, but the proceedings were held ex parte without notice to the respondents. The respondents learned of the judgment only after being served with a notice of taxation.
Issues
- Setting aside the judgment and ex parte proceedings
- Stay of execution pending interparties hearing
Reasoning
The court found that the respondents were not served with a hearing notice and that the proceedings were held ex parte. The court also noted that the respondents were not given a fair hearing and that the application was brought in time.
Outcome
Application granted
Orders
- Judgment and ex parte proceedings set aside
- Stay of execution pending interparties hearing
Remedies
- Deposit of the decretal amount in court
- Throw away costs at Kshs.40,000.00
- Allowance conditional
⚠ 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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