Catherine Mbinya Musembi v Paksa Construction Limited [2022] KEELRC 727 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 727
- Citation
- [2022] KEELRC 727 (KLR)
- Decided
- 17 February 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLabour DisputePostureApplication to stay judgment and re-open caseCoramMathews N. Nduma
Holding
The application is granted, and the case is re-opened for the limited purpose of cross-examination. The respondent is granted leave to call witnesses in defense.
Facts
The respondent failed to attend a hearing on September 21, 2021, due to a mistake in their registry. The claimant filed an ex parte application for a judgment date on February 24, 2022.
Issues
- Whether the respondent's failure to attend the hearing was due to a genuine mistake
- Whether the application should be allowed to re-open the case and recall witnesses for cross-examination
Reasoning
The Court finds the respondent's mistake genuine and allows the application to re-open the case, as it would be inimical to justice to deny the respondent a fair hearing.
Outcome
Application granted
Orders
- Re-open the claimant's case for limited purpose of cross-examination
- Grant leave to respondent to call witnesses in defense
- Fix hearing date on the date of delivery of this ruling
- Arrest the intended exparte judgment to be delivered on February 24, 2022
Remedies
- Throwaway costs in respect of the hearing of September 21, 2021, and submissions already filed by the claimants in the sum of Kshs 10,000
Authorities cited
Legislation (1)
- Article 50 and 159 of the Constitution of Kenya
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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