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Kenya Building, Construction Timber and Furniture Industries Employees’ Union v Roads and Civil Engineering Contractors Association (RACECA) [2019] KEELRC 2357 (KLR)

[2019] KEELRC 2357 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
2357
Citation
[2019] KEELRC 2357 (KLR)
Decided
8 February 2019
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeReview of JudgmentPostureApplication for review of judgmentCoramLady Justice Maureen Onyango
The application is not merited and should be dismissed with costs.

Facts

The respondent failed to instruct its counsel in time, leading to the ex parte hearing and judgment on November 12, 2018. The respondent claims the delay was inadvertent.

Issues

  • Whether the application is merited
  • Whether the respondent can have an opportunity to defend the case on merit

Reasoning

The court found the application was not brought in a timely manner and did not present a serious matter of law. The respondent failed to present new and important matter or evidence.

Outcome

Application dismissed with costs

Orders

  • Application dismissed
  • No order made on November 12, 2018

Authorities cited

Legislation (2)
  • Civil Procedure Act
  • Civil Procedure Rules
Cases cited (4)
  • Peterson Ndung'u v KPLC
  • Esther Wamaitha Njihia & 2 Others v Safaricom Limited
  • Shah v Mbogo
  • Ongom v Owota
⚠ 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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