[2019] KEELRC 925 (KLR)
The court found that the Respondent, despite being given a second opportunity to participate in the proceedings after the ex parte judgment was set aside, failed to adduce any evidence or attend court. As a result, the Claimant's evidence remained unchallenged and uncontradicted. The court held that there was no...
Source-derived case information.
- Citation
- [2019] KEELRC 925 (KLR)
- Parties
- Claimant: Alred Imbwaga Musungu; Respondent: Protective Custody Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 911 of 2016
- Procedural Posture
- Employment Cause / Judgment After Rehearing Following Setting Aside of Ex Parte Judgment
- Outcome
- Judgment entered in favour of the Claimant as per the original judgment of 24th October 2017.
- Legal Topics
- Unfair Termination, Ex Parte Judgment, Setting Aside Judgment, Employee Remedies
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alred Imbwaga Musungu
Claimant
Protective Custody Limited
Respondent
Procedural Posture
Employment Cause / Judgment After Rehearing Following Setting Aside of Ex Parte Judgment
Legal Issues
- 1 Whether the Claimant is entitled to judgment in the absence of evidence from the Respondent.
- 2 Whether the findings of the original ex parte judgment should be altered after the Respondent was allowed to participate in fresh proceedings.
Ratio Decidendi
The court found that the Respondent, despite being given a second opportunity to participate in the proceedings after the ex parte judgment was set aside, failed to adduce any evidence or attend court. As a result, the Claimant's evidence remained unchallenged and uncontradicted. The court held that there was no basis to alter the findings and conclusions of the original judgment delivered on 24th October 2017. Therefore, judgment was entered in favour of the Claimant as previously determined.
Court Disposition
Judgment entered in favour of the Claimant as per the original judgment of 24th October 2017.
Orders
- Judgment is entered in favour of the Claimant, in terms stated in the Judgment delivered on 24th October, 2017.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT MOMBASA
CAUSE NUMBER 911 OF 2016
BETWEEN
ALRED IMBWAGA MUSUNGU....................................................CLAIMANT
VERSUS
PROTECTIVE CUSTODY LIMITED.......................................RESPONDENT
Rika J
Court Assistant: Benjamin Kombe
Asige Keverenge & Anyanzwa Advocates for the Claimant
Oduor Simiyu & Company Advocates for the Respondent
________________________________________
JUDGMENT
1. Judgment was delivered in favour of the Claimant, in the sum of Kshs. 1,149,700, on 24th October 2017.
2. Judgment followed ex parte proceedings, the Respondent having failed to file Response, and attend Court when required to do so, under the E&LRC (Procedure) Rules, 2016.
3. In a Ruling made on 17th May 2018, the Court, upon application of the Respondent, set aside ex parte Judgement, and allowed the Respondent to participate in fresh proceedings.
4. The Claim was scheduled for mention on 5th July 2018 with a view to fixing date for the fresh hearing. The Claimant attended Court. The Respondent did not. It was again fixed for mention on 25th October 2018 for the same reason. The Respondent once again did not attend Court. Hearing was scheduled for 6th March 2019 when the Claimant was heard, in the presence of the Advocates for the respective Parties.
5. By consent, hearing of the Respondent’s case was scheduled for 26th March 2019. The Claimant’s Advocate attended Court on 26th March 2019. The Respondent and its Advocates did not. Proceedings were marked as closed. The Claim was last mentioned on 13th June 2019, when Parties confirmed filing of their Submissions.
The Court Finds:-
6. For the second time, the Respondent has failed to give evidence, when offered the opportunity to do so.
7. The evidence given by the Claimant remains uncontradicted. The Pleadings filed by the Respondent have no support in evidence.
8. There is nothing in the fresh hearing, to justify altering the findings and conclusion of the Court made in the Judgment of 24th October 2017.
IT IS ORDRED:-
a) Judgement is entered in favour of the Claimant, in term stated in the Judgment delivered on 24th October, 2017.
Dated and delivered at Mombasa this 30th day of July 2019.
James Rika
Judge