Gikundi v Kenya National Chamber of Commerce and Industry & 2 others (Cause E013 of 2021) [2025] KEELRC 1422 (KLR) (16 May 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1422
- Citation
- [2025] KEELRC 1422 (KLR)
- Decided
- 16 May 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureAppeal from an irregular judgmentCoramONESMUS N MAKAU
Holding
The impugned judgment is set aside due to procedural defects, and the suit is re-opened with leave to file a response.
Facts
The claimant was employed by the 1st respondent, a limited liability company. The 2nd respondent was the chairman of the 1st respondent. The claimant's employment was terminated, and he brought a suit against the 1st and 2nd respondents. The suit proceeded without the 2nd respondent's appearance, leading to an irregular judgment.
Issues
- Whether the impugned judgment was irregular and should be set aside.
- Whether the attached goods belong to the objectors.
Reasoning
The 2nd respondent was not properly served with the court process, leading to an irregular judgment. The judgment is set aside, and the suit is re-opened.
Outcome
The impugned judgment is set aside, and the suit is re-opened.
Orders
- The judgment of this court delivered on 16th June, 2023 is hereby set aside together with all the proceedings in the case.
- The suit is hereby re-opened and the respondents granted leave to file and serve response to the statement of claim within 14 days of this Ruling.
- The objection proceedings are now overtaken by events as there is now no decree upon which the attachment can be based.
- The claimant will have 7 days to file a reply to the Response if need be.
- The claimant is awarded throwaway costs of Kshs.10,000 to be paid within 21 days of this ruling and in default he will be at liberty to execute.
Remedies
- Re-opening of the suit
- Throwaway costs awarded to the claimant
Authorities cited
Cases cited (1)
- Yoashin Engineering Corporation v Aria Architects Ltd (2023) KECA 872 (KLR)
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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