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Ondeyo v Jumba & another (Cause 1001 of 2017) [2023] KEELRC 245 (KLR) (1 February 2023) (Ruling)

[2023] KEELRC 245 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
245
Citation
[2023] KEELRC 245 (KLR)
Decided
1 February 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 an earlier judgmentCoramJK GAKERI, Onesmus Makau
The court finds that the applicant was served with the statement of claim and instructed a law firm to represent her. The judgment should not be set aside.

Facts

The applicant was served with a statement of claim on 21st July, 2017, and her law firm entered appearance on her behalf. However, the applicant did not appear in court until 16th September, 2018.

Issues

  • Whether the applicant was served and thus aware of the proceedings.
  • Whether the judgment entered on 21st February, 2020 should be set aside.

Reasoning

The court found that the applicant was served and represented by a law firm, contrary to her claim. The judgment was not obtained irregularly, and the applicant was not unaware of the proceedings.

Outcome

The judgment is upheld.

Orders

  • The judgment entered on 21st February, 2020 is upheld.

Authorities cited

Legislation (1)
  • Civil Procedure Rules, 2010
Cases cited (5)
  • Magon v Ottoman Bank (1968) EA 156
  • David Kiptanui Rono & 134 others v Benjamin Rono & 4 others (2021) eKLR
  • Patel v E.A. Handling Services Ltd (1974) EZ P5
  • Maina v Muriuki (1984) KLR 407
  • Mwala v Kenya Bureau of Standards (2001) 1 E.A. 148
⚠ 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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