Gongera v Mount Kenya University (Employment and Labour Relations Cause E958 of 2021) [2023] KEELRC 2713 (KLR) (19 October 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2713
- Citation
- [2023] KEELRC 2713 (KLR)
- Decided
- 19 October 2023
Summary at a glance
TypeEmployment and Labour RelationsPostureRespondent seeks to set aside ex parte judgment and allow leave to file responseCoramOCHARO
The ex parte judgment is set aside and the Respondent is granted leave to file their response to the amended Statement of Claim.
Facts
Respondent failed to attend court hearing due to administrative lapses and counsel's resignation, leading to an ex parte judgment.
Issues
- Setting aside ex parte judgment
- Allowance of leave to file response
Reasoning
The Court considers the discretion to set aside a judgment under Civil Procedure Rules and the factors to be considered, including the reason for the failure to appear, the length of time since the judgment, and the prejudice to each party.
Outcome
The ex parte judgment is set aside and the Respondent is granted leave to file their response.
Orders
- Set aside ex parte judgment
- Grant leave to file response
Remedies
- Allowance of leave to file response
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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