Daniel Philip Wambua & 4 others v Modern Coast Express Limited (Cause 377 of 2018) [2022] KEELRC 3857 (KLR) (20 June 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 3857
- Citation
- [2022] KEELRC 3857 (KLR)
- Decided
- 20 June 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureMotion to set aside court orders and fix hearingCoramNZIOKI WA MAKAU
Holding
The motion is dismissed with costs to the Respondent
Facts
The Claimants failed to appear for a hearing on June 15, 2021, and claimed they were unable to log in due to technical issues. The Respondent claimed the Claimants were ready to proceed but were not admitted due to lack of attendance.
Issues
- Whether the Claimants' motion to set aside court orders and fix hearing is valid
- Whether the Respondent's opposition to the motion is justified
Reasoning
The Claimants' assertion of technical difficulties is false, and they were absent from the hearing due to non-attendance. The motion is based on lies and mistruths.
Outcome
Motion dismissed
Orders
- Order to set aside the court's orders dated 9th July 2021
- Order to fix the matter for hearing on priority basis
- Order to provide costs for the application
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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