Aguko v Sbm Bank [K] Ltd (Formerly Fidelity Commercial Bank Ltd) (Cause E015 of 2022) [2024] KEELRC 13634 (KLR) (2 May 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 13634
- Citation
- [2024] KEELRC 13634 (KLR)
- Decided
- 2 May 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMotion to Set Aside Orders and Reopen Defence CasePostureClaimant seeks to set aside orders and re-open defence case due to alleged latenessCoramAGNES KITIKU NZEI
Holding
The claimant's counsel's lateness is excused, and the defense case will be re-opened for cross-examination.
Facts
The trial opened on January 17, 2023, and the defense case was scheduled to be heard on April 27, 2023. The claimant's counsel was not present on the scheduled date, and the court set the defense case as closed.
Issues
- Whether the claimant's counsel was late due to a dropped call
- Whether the claimant's counsel should have informed the court of the potential lateness
Reasoning
The court emphasizes the importance of judicial time and the need for parties to be present at the scheduled time. The claimant's counsel's lateness was due to a dropped call and a misunderstanding, and the court does not penalize the claimant.
Outcome
The claimant's motion is granted, and the defense case will be re-opened for cross-examination.
Orders
- The court's order closing the defense case on October 23, 2023, is set aside.
- The case will be re-opened for further defense hearing.
- The claimant will pay costs and expenses incurred by the respondent's counsel and witness for the scheduled hearing on October 23, 2023.
Remedies
- Cross-examination of the defense witness by the claimant or her counsel
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.
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