Obonyo v China Aero Technology International Engineering Corporation (Cause 1703 of 2015) [2022] KEELRC 3975 (KLR) (20 September 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 3975
- Citation
- [2022] KEELRC 3975 (KLR)
- Decided
- 20 September 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment of the Employment and Labour Relations CourtCoramNjoki Ndungu, OCHARO, Ocharo Kebira, Sheridan
Holding
The applicant is not entitled to the orders sought and the judgment is not set aside.
Facts
The claimant filed a notice of motion application seeking to set aside a judgment and decree of the court, and arrest a ruling on the claimant's bill of costs. The respondent/applicant claimed that the judgment was not served properly and that the claimant was not given a chance to be heard.
Issues
- Is the applicant entitled to the orders sought?
- What is the effect of the non-notification of the judgment date to the applicant?
Reasoning
The court found that the applicant did not adequately respond to the issue of non-notification of the judgment date and that the failure to notify the applicant did not constitute a breach of the right to fair hearing.
Outcome
The application is dismissed.
Orders
- The ruling on the claimant's bill of costs is not arrested.
- The judgment is not set aside.
Authorities cited
Cases cited (2)
- Shah v Mbogo
- John Florence Maritime Services Limited & another v Cabinet Secretary, Transport and Infrastructure & 3 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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