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Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers (Kudheiha Workers) v Windsor Golf & Country Club [2018] KEELRC 1979 (KLR)

[2018] KEELRC 1979 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1979
Citation
[2018] KEELRC 1979 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeApplication for ReviewPostureRespondent seeks to re-open case and set aside ordersCoramHON. LADY JUSTICE HELLEN WASILWA
Holding

The application is allowed, and the case is re-opened for hearing.

Facts

Respondent failed to attend court on 10th July 2017 due to an inadvertent error, leading to a judgment date being given based on inaccurate information.

Issues

  1. Whether the Respondent's non-attendance was due to an inadvertent error
  2. Whether the Respondent should be allowed to re-open the case and set aside the orders

Reasoning

The Court grants the application due to the Respondent's inadvertent error in not attending court on the scheduled date, and to prevent abuse of the process of the court.

Outcome

Application granted, case re-opened

Orders

  • Allow the re-opening of the case for hearing

Remedies

  • Costs in the cause

Authorities cited

Legislation (2)
  • Employment and Labour Relations Court (Procedure) Rules
  • Court Procedure Act
Cases cited (1)
  • Ephrain Kanuthu Mwangi vs Esther Wangari Kariuki (2005) CA 333
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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