Emily Wanjiru Kinyua v Githunguri Dairy Farmers Cooperative Society [2021] KEELRC 1276 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1276
- Citation
- [2021] KEELRC 1276 (KLR)
- Decided
- 9 July 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureRespondent seeks to arrest judgment and set aside ex parte proceedingsCoramMAUREEN ONYANGO
Holding
Application is allowed, Respondent pays throwaway costs and costs of the application
Facts
Claimant filed statement of claim on 23rd January 2020 and served it on 3rd February 2020. Respondent filed its Memorandum of Appearance on 26th February 2020 and its Reply to Statement of Claim on 24th June 2020.
Issues
- Delay in filing defence
- Procedural rules and court orders
Reasoning
Delay in filing defence was explained, delay in filing appearance was not inordinate. Court waives compliance with Order 21 Rule 1 due to pandemic.
Outcome
Application allowed, costs awarded to Claimant
Orders
- Set aside ex parte proceedings
- Direct matter to proceed on merit
Remedies
- Throwaway costs to Claimant
- Costs of application to Respondent
Authorities cited
Legislation (2)
- Employment and Labour Relations Court (Procedure) Rules 2016
- Civil Procedure Act (Chapter 21 of the Laws of Kenya)
Cases cited (3)
- Sebei District Administration v Gasyali & Others (1968) E.A 300
- Mbaki & Others v Macharia & another (2005) EA 2006
- Jaldesa Tuke Dabelo v IEBC & Another [2015] eKLR
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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