Imbogo & 55 others v Butali Sugar Industries Limited & another (Employment and Labour Relations Cause 10 of 2023) [2023] KEELRC 1746 (KLR) (13 July 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1746
- Citation
- [2023] KEELRC 1746 (KLR)
- Decided
- 13 July 2023
Summary at a glance
TypeEmployment and Labour RelationsPostureApplication to set aside interlocutory judgment and re-open caseCoramJemimah Keli
The application is allowed, and the proceedings are set aside. The claimant's case is re-opened to start de novo. The 1st respondent is required to file their defence in compliance with Civil Procedure Rules within 14 days of the ruling. Throw away costs of Kshs. 50,000/- are awarded to the claimants.
Facts
The applicant (1st respondent) failed to file a defence and appeared in court, leading to an interlocutory judgment against them. The applicant then sought to re-open the case and extend time to file a defence.
Issues
- Whether the application had merit for grant of the orders sought
- Whether the applicant had sufficient cause to re-open the case and extend time to file a defence
Reasoning
The court found that the applicant did not make a prayer to set aside the interlocutory judgment, rendering the application incompetent ab initio. The court also noted the applicant's delay and awarded throw away costs to the claimants.
Outcome
Application allowed, proceedings re-opened, costs awarded
Orders
- Proceedings set aside
- Claimant's case re-opened
- 1st respondent to file defence within 14 days
- Throw away costs awarded to claimants
Remedies
- Re-opening of proceedings
- Throw away costs awarded
Authorities cited
⚠ 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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