Stephen Lugalia v Heritage Insurance Company (K) Limited [2021] KEELRC 739 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 739
- Citation
- [2021] KEELRC 739 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeApplication to Set Aside OrderPostureApplication to set aside order dismissing suitCoramNZIOKI WA MAKAU
Holding
The Court orders that the Respondent's Application dated 4th December 2020 be set aside and the suit be reinstated for hearing on such terms as the Court may deem necessary.
Facts
Service of Respondent's Application dated 4th December 2020 was never effected upon the Claimant, and the email was purportedly delivered to other recipients on or about 9th February 2021.
Issues
- Service of Respondent's Application
- Irreparable harm to Claimant
- Duty of Respondent to set down suit for hearing
Reasoning
The Court finds that the service of the Respondent's Application was never effected upon the Claimant and that the Respondent had a duty to set down the suit for hearing.
Outcome
Application granted, suit reinstated for hearing
Orders
- Set aside Respondent's Application dated 4th December 2020
- Reinstate suit for hearing
Remedies
- Costs of Application to be in the cause
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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