[2015] KEELRC 1157 (KLR)
The court found that the respondent, having been duly served and failing to attend the hearing, did not provide any evidence or submissions to challenge the claimant's case. The court adopted the claimant's evidence and the earlier judgment delivered by Hon. Justice Ndolo, as there was no new material or argument...
Source-derived case information.
- Citation
- [2015] KEELRC 1157 (KLR)
- Parties
- Claimant: Bernard Levoywa; Respondent: Salina Transporters Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2484 of 2012
- Procedural Posture
- Employment Cause / Judgment After Re Hearing Following Setting Aside of Ex Parte Judgment
- Outcome
- Judgment entered for the claimant; respondent to pay costs.
- Judges
- HS Wasilwa
- Legal Topics
- Unfair Termination, Ex Parte Judgment, Setting Aside Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bernard Levoywa
Claimant
Salina Transporters Limited
Respondent
Procedural Posture
Employment Cause / Judgment After Re Hearing Following Setting Aside of Ex Parte Judgment
Legal Issues
- 1 Whether the ex parte judgment should be set aside.
- 2 Whether the claimant is entitled to reliefs sought for alleged unfair termination.
Ratio Decidendi
The court found that the respondent, having been duly served and failing to attend the hearing, did not provide any evidence or submissions to challenge the claimant's case. The court adopted the claimant's evidence and the earlier judgment delivered by Hon. Justice Ndolo, as there was no new material or argument from the respondent to warrant a different outcome. The respondent was also ordered to pay the costs of the case.
Court Disposition
Judgment entered for the claimant; respondent to pay costs.
Orders
- Judgment for the claimant as per the earlier judgment adopted by the court.
- Respondent to pay the costs of the case.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 2484 OF 2012
(Before Hon. Justice Hellen S. Wasilwa on 30th April, 2015)
BERNARD LEVOYWA.......................................CLAIMANT
VERSUS
SALINA TRANSPORTERS LIMITED..............RESPONDENT
JUDGMENT
The Claimant herein Bernard Levoywa filed his claim on 11/12/2012 through the firm of Betty Rashid & Co. Advocates.
The Respondent later filed their response on 4/1/2013 through the firm of Gitonga Mureithi & Co. Advocates. The case then proceeded for hearing before Hon. Justice Ndolo who heard the case and delivered a judgment on 19/5/2014.
The Respondents later filed an application to set aside the exparte judgment. The Hon. Justice Ndolo allowed their application and vide a ruling delivered on 12/1/2014 set aside the exparte judgment subject to the Respondents paying 10,000/= thrown away costs.
This case was then set afresh for hearing on 24/3/2015 before this court. From the return of service on the file the Respondents were served on 14/1/2015. On the 24/3/2015, the Respondents again failed to attend court. That being the position this court adopted the evidence of Claimant as evidence in the matter. Since the Respondents have not made any additions to what was previously on record, I see no reason to upset my sister’s judgment and I also adopt it as judgment of this court in the matter.
The Respondents will pay costs of this case.
Dated in open court this 30th day of April, 2015.
HON. LADY JUSTICE HELLEN WASILWA
JUDGE
In the presence of:
Betty Rashid for Claimant
No appearance for Respondent