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Mungai & 4 others v Bomn Motors Limited & 2 others (Cause 548 of 2016) [2023] KEELRC 2209 (KLR) (22 September 2023) (Ruling)

[2023] KEELRC 2209 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
2209
Citation
[2023] KEELRC 2209 (KLR)
Decided
22 September 2023
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeLabour DisputePostureAppeal from a previous ex parte judgmentCoramAN MWAURE, Nyarangi, RD CLAIMANT, BENARD KARAN
The ex parte judgment is set aside due to improper service of the summons and pleadings.

Facts

The 3rd respondent filed a notice of motion seeking to set aside an ex parte judgment entered against her, alleging improper service of summons and pleadings.

Issues

  • Proper service of summons and pleadings
  • Irregularity of the ex parte judgment

Reasoning

The court held that the respondents were not properly served with the summons and pleadings, and thus the ex parte judgment was irregular.

Outcome

The ex parte judgment is set aside.

Orders

  • Set aside the ex parte judgment

Remedies

  • None specified

Authorities cited

Cases cited (3)
  • Mwala v Kenya Bureau of Standards EA LR (2001) 1 EA 148
  • Yalwala v Indumuli & another [1989] eKLR
  • Royal British Bank v Turquand (1856) 6 E&B 327
⚠ 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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