Sharon Maviala v Horizon Group Limited t/a Horizon Offices [2021] KEELRC 598 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 598
- Citation
- [2021] KEELRC 598 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEmployment & Labour RelationsPostureAppeal from a decision to set aside a judgmentCoramKLR Mativo, SHERIDAN, Sila, Sila Munyao
Holding
The respondent's failure to attend court was not due to negligence, and the court cannot set aside the judgment.
Facts
The claimant filed a motion seeking payment of terminal benefits and compensatory damages. The respondent filed a motion to set aside the judgment.
Issues
- Whether the respondent's failure to attend court was due to negligence
- Whether the court has the discretion to set aside a judgment or order
Reasoning
The court held that the respondent's failure to attend court was due to internet problems, but the claimant's counsel did not prove that he made efforts to reach out to the court or claimant's counsel.
Outcome
The respondent's motion to set aside the judgment was denied.
Authorities cited
Cases cited (5)
- James Kanyiita Nderitu & another v Mario Philotas Ghikas & another [2017] eKLR
- Patel v East Africa Cargo Handling Services Ltd (1974) EA 75
- Shah v Mbogo and Another [1967] EA 116
- Wachira Karani v Bildad Wachira [2016] eKLR
- Flora Impex limited v Kenya Rural Roads Authority & 4 others [2021] 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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