[2005] KEHC 2819 (KLR)
The court found that there was no error apparent on the face of the record as alleged by the applicant. The learned judge had already determined that the plaintiff’s services were terminable upon reasonable notice, which was set at six months. The applicant’s dissatisfaction with this finding did not constitute...
Source-derived case information.
- Citation
- [2005] KEHC 2819 (KLR)
- Parties
- Plaintiff: Ballantine Awilli; Defendant: Kenya Bus Services Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 2160 of 1985
- Procedural Posture
- Notice of Motion / Application to Set Aside Judgment
- Outcome
- application dismissed
- Legal Topics
- Termination of Employment, Reasonable Notice, Setting Aside Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ballantine Awilli
Plaintiff
Kenya Bus Services Ltd
Defendant
Procedural Posture
Notice of Motion / Application to Set Aside Judgment
Legal Issues
- 1 Whether there was an error on the face of the record justifying the setting aside of the judgment.
- 2 Whether the plaintiff's services were terminated and if reasonable notice was given.
- 3 Whether the application to set aside judgment was brought within a reasonable time.
Ratio Decidendi
The court found that there was no error apparent on the face of the record as alleged by the applicant. The learned judge had already determined that the plaintiff’s services were terminable upon reasonable notice, which was set at six months. The applicant’s dissatisfaction with this finding did not constitute grounds for setting aside the judgment; the proper remedy was to appeal. Furthermore, the application to set aside the judgment was brought approximately 12 years after the judgment was delivered, which was deemed to be an unreasonably long delay. Consequently, the application was dismissed with costs to the respondent.
Court Disposition
application dismissed
Orders
- The application to set aside the judgment is dismissed.
- Costs awarded to the respondent.
Full Case Text
Judgment text and source record
9 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO.2160 OF 1985 BALLANTINE AWILLI ……………….……….……………PLAINTIFF VERSUS KENYA BUS SERVICES LTD ………..…….………… DEFENDANT RULING
The Applicant by his Notice of Motion of the 23rd December 2004 seeks to set aside the Judgment of Mr. Justice Githinji (as he then was) of the 3rd February 1993.
Mr. Ngoge submitted that there was an error on the face of the record namely that the plaintiff’s services were not terminated.
In his Judgment the Learned Judge found that the Plaintiff’s services were terminable upon reasonable notice, which he determined to be six months notice.
If the Plaintiff is dissatisfied with this finding his proper remedy is to appeal. I cannot at this stage say that there was an error on the face of the record. If he is dissatisfied the Applicant’s remedy is appeal.
In any event, although the Plaintiff may have been acting in person to bring this application some 12 years or so after the event is much too long.
In the result I dismiss this application with costs to the Respondent.
Dated and delivered at Nairobi this 6th day of May 2005
P.J. RANSLEY JUDGE