Stephen Musinya v Ken-Knit Ltd [2018] KEELRC 2551 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2551
- Citation
- [2018] KEELRC 2551 (KLR)
The respondent's application is dismissed as it is in abuse of court process. The respondent is not granted leave to file a defence and defend the claim. The respondent is not ordered to pay half of the judgment amount and deposit the rest in an interest-earning account as security pending a fresh hearing.
Facts
The claimant filed the claim on 24th October, 2014, and the respondent was served on 7th November, 2014. The respondent's advocate, Mr. Suter, attended court and confirmed the hearing dates but forgot to inform the respondent's advocates, leading to the respondent not being present at the hearing.
Issues
- Whether the respondent's failure to file a defence is due to a mistake of the advocate and lack of notification of hearing dates
- Whether the respondent should be granted leave to file a defence and defend the claim
- Whether the respondent should be ordered to pay half of the judgment amount and deposit the rest in an interest-earning account as security pending a fresh hearing
Reasoning
The respondent's failure to file a defence is attributed to a mistake of the advocate and lack of notification of hearing dates. The respondent's application is dismissed as it is in abuse of court process.
Outcome
The respondent's application is dismissed.
Orders
- The respondent's application is dismissed as it is in abuse of court process.
- The respondent is not granted leave to file a defence and defend the claim.
- The respondent is not ordered to pay half of the judgment amount and deposit the rest in an interest-earning account as security pending a fresh hearing.
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