Everlyn Cherotich Maiyo v Kenya Commercial Bank Limited & another [2020] KEELRC 320 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 320
- Citation
- [2020] KEELRC 320 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabour DisputePostureRespondent's Application to set aside directions and extend time for filing defenceCoramONESMUS N. MAKAU
Holding
The application is allowed with terms, including setting aside the directions for formal proof, extending time for filing defence, and condemning the applicant to pay thrown-away costs.
Facts
The applicant failed to file a defence within the required time, claiming it was due to delay in securing important information from Kitale.
Issues
- Whether the applicant has met the legal threshold for granting of the application
- Whether the interest of justice demands allowing the application despite the applicant's default
Reasoning
The court considers the interest of justice and the totality of the material presented, allowing the application despite the applicant's default.
Outcome
Application allowed with terms
Orders
- Directions by the court issued on 4.3.2020 that the matter proceeds by formal proof be and is hereby set aside
- The Applicant has 14 days hereof to file and serve Response to the Memorandum of Claim herein
- The Applicant is condemned to pay thrown-away costs of Kshs. 20,000 within 14 days and in default leave is hereby granted her to execute for the said costs
Remedies
- Costs of Kshs. 20,000 to be paid by the applicant within 14 days
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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