Kenya Union of Domestic, Hotels, Educational Institutions & Hospital Workers v Board of Governors Lugulu Girls [2021] KEELRC 1973 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1973
- Citation
- [2021] KEELRC 1973 (KLR)
- Decided
- 17 March 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeApplication to Set Aside Ex Parte JudgmentPostureRespondent/Applicant seeks to set aside a judgment entered in 2012CoramNzioki wa Makau
Holding
The Respondent/Applicant's motion is dismissed with costs, as there is no demonstration of excusable mistake, inadvertence, accident or error
Facts
Respondent/Applicant filed a Notice of Motion Application seeking to set aside a judgment and decree entered in 2012, claiming they were never served with Summons and the matter proceeded ex parte.
Issues
- Whether the Respondent/Applicant has given sufficient cause to set aside the judgment and decree
- Whether the Respondent/Applicant has demonstrated excusable mistake, inadvertence, accident or error
Reasoning
The court held that the discretion to set aside an ex parte judgment is to avoid injustice or hardship, but the Respondent/Applicant has not demonstrated such a case. The court dismissed the motion as devoid of merit.
Outcome
Dismissed with costs
Authorities cited
Cases cited (2)
- William Mossi Moi v The Chairman Board of Governors, Highway Secondary School [2008] eKLR
- Wachira Karani v Bildad Karani [2016] 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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