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Mukira v Speedsteam World Ltd (Cause 311 of 2013) [2014] KEIC 767 (KLR) (11 July 2014) (Ruling)

[2014] KEIC 767 (KLR) Industrial Court
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Court
Industrial Court
Case number
767
Citation
[2014] KEIC 767 (KLR)
Decided
11 July 2014
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeIndustrial CourtPostureRespondent seeks to set aside exparte judgment and order hearing interpartesCoramO. N. MAKAU
Holding

Ex parte judgment set aside

Facts

Respondent failed to attend hearing on 25/11/2013 due to lack of hearing notice. Claimant claims he served hearing notice personally.

Issues

  1. Whether the respondent's failure to attend hearing was due to lack of notice
  2. Whether the exparte judgment should be set aside

Reasoning

Respondent had filed a Memorandum of Appearance and defence through counsel, but documents were not placed in the court file. Claimant and respondent were not to blame for the exparte judgment.

Outcome

Respondent pays throwaway costs of Ksh.10,000 within 14 days

Orders

  • Ex parte judgment set aside

Remedies

  • Throwaway costs of Ksh.10,000
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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