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Merry Mukiria v Methodist Church in Kenya Trustees Registered & Another [2019] KEELRC 2252 (KLR)

[2019] KEELRC 2252 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
2252
Citation
[2019] KEELRC 2252 (KLR)
Decided
19 February 2019
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLabour Relations DisputePostureRespondents seek to set aside the decision of the court made on 9th October 2018CoramNzioki wa Makau
Holding

Application is dismissed with costs to the Claimant and execution may proceed

Facts

The Respondents assert they were not served with the suit papers and only learned of the matter at the execution stage. They claim a viable/ prima facie defence to the suit.

Issues

  1. Whether the Respondents were properly served with the suit papers
  2. Whether the Respondents had a triable issue for trial

Reasoning

The Respondents were served in the same manner as before, and the Chairman who was served repeatedly declined to acknowledge receipt. There is no triable issue for trial.

Outcome

Application dismissed

Orders

  • Application dismissed with costs to the Claimant
  • Execution may proceed

Authorities cited

Cases cited (1)
  • Patel v E. A. Cargo Handling Services Ltd [1974] E.A. 75
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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