Alwanga v Cedar Springs Limited (Employment and Labour Relations Cause 1600 of 2016) [2023] KEELRC 3324 (KLR) (21 December 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 3324
- Citation
- [2023] KEELRC 3324 (KLR)
- Decided
- 21 December 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour RelationsPostureRespondent's Application to set aside default judgment and stay executionCoramAN MWAURE
Holding
The court holds that the service was improper and the judgment entered irregularly, allowing the Respondent to file its defence.
Facts
The Respondent claimed it never received service of the summons and pleadings, and that the service was improper due to the failure to serve the managing director or principal officer.
Issues
- Whether the judgment entered on 16th December 2021 is an irregular judgment.
- Whether the judgment should be set aside.
Reasoning
The court held that the service was improper and in breach of the Civil Procedure Rules, rendering the ex parte judgment irregular. The court allowed the Respondent to file its defence.
Outcome
The Respondent's application is allowed, and the judgment is set aside. The Respondent is granted leave to file its defence within 35 days.
Orders
- The judgment entered on 16th December 2021 is set aside.
- The Respondent is granted leave to file its defence within 35 days.
Remedies
- The Respondent is granted leave to file its defence within 35 days.
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Employment and Labour Relations Court Rules
Cases cited (2)
- Ephantus Gathua Muiyuro v Kenya Power & Lighting Company Ltd [2016] eKLR
- Babs Security Services Ltd v Mwarua Yawa Nzao & 19 others [2019] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…