Mwangangi Mbumbu v Prime Steel Mills Limited [2019] KEELRC 2143 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2143
- Citation
- [2019] KEELRC 2143 (KLR)
- Decided
- 22 February 2019
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeApplicationPostureRespondent's Application for Inter Partes Hearing and Stay of ExecutionCoramLady Justice Maureen Onyango
Holding
The Respondent was properly served with the documents through its Assistant Human Resource Officers.
Facts
Claimant obtained a warrant of attachment against Respondent's property. Claimant served the Respondent with summons, statement of claim, pre-trial mention notice, notice of taxation, and proclamation.
Issues
- Whether the Claimant was duly served with the pleadings in the cause herein.
- Whether the Claimant is entitled to the orders sought.
Reasoning
The affidavits of the Human Resource Manager and the Assistant Human Resource Officers confirm that service was effected upon the respondent's employees, who freely accepted the documents and understood their contents.
Outcome
The Application is dismissed.
Orders
- Stay of execution of the decree and warrants of attachment pending the inter partes hearing of the Application.
- Set aside the default judgment and give the Respondent an opportunity to defend the suit on the merits.
- Issue a temporary restraining order against the Claimant and his agents to restrain them from threatening or harassing the Defendant.
Remedies
- None
Authorities cited
Legislation (2)
- Employment and Labour Relations Court (Procedure) Rules, 2016
- Civil Procedure Act
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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