Kahindi v Auto Continental Limited (Cause 223 of 2016) [2023] KEELRC 1253 (KLR) (4 May 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1253
- Citation
- [2023] KEELRC 1253 (KLR)
- Decided
- 4 May 2023
Summary at a glance
TypeLabour DisputePostureAppeal from an earlier order, with a conditional allowance of a new applicationCoramM. MBARŨ
The court reopens the hearing for the respondent to submit its evidence, with conditions of payment of Ksh. 20,000 before the hearing and costs awarded to the claimant if the respondent fails to comply.
Facts
The respondent, Auto Continental Limited, sought to set aside exparte orders and reopen its case for evidence submission. The claimant, Stansloous Mangi Kahindi, did not file written submissions.
Issues
- Setting aside of exparte orders
- Reopening of respondent's case for evidence submission
- Payment of costs before hearing
Reasoning
The court considered previous lapses by the respondent and the claimant's failure to file written submissions, deciding to reopen the hearing under conditions.
Outcome
Conditional allowance of the application
Orders
- Reopening of respondent's case for evidence submission
- Payment of Ksh. 20,000 before the hearing
- Costs awarded to the claimant if respondent fails to comply
Remedies
- Reopening of respondent's case for evidence submission
- Payment of Ksh. 20,000 before the hearing
- Costs awarded to the claimant if respondent fails to comply
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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