Kenya Union of Commercial Food Allied Workers v Jamii Distributors EA Limited (Cause E009 of 2021) [2024] KEELRC 1003 (KLR) (12 April 2024) (Ruling)

Summary at a glance

Facts

The Respondent claims it was never served with pleadings and that the Claimant served it with a Bill of Costs on 8th March 2023. The Claimant asserts it served the Respondent with Notice of Summons, Statement of Claim, and other documents on 1st March 2021.

Issues

• Whether the ex-parte judgment should be set aside
• Reasons for the Respondent's non-appearance and non-filing of pleadings

Reasoning

The court found that the Respondent was never served with the pleadings and that it has never entered appearance. The court also noted that the Respondent has a strong response with high chances of success.

Outcome

The ex-parte judgment is set aside and the main suit is heard afresh on merit.

Orders

• That the ex-parte resultant judgment and all consequential orders be set aside and the main suit be heard afresh on merit
• That the Respondent be granted leave to defend this suit and the response to the statement of claim dated 7th March 2023 and filed in court on the same day be deemed to be properly on record

Remedies

• To be heard afresh on merit

Authorities cited