[2014] KEELRC 105 (KLR)
The court found that the respondent, through its Operations Manager, was fully aware of and participated in the main proceedings. The application to review, vary, and set aside the judgment was brought without sufficient cause and was considered dilatory. There was no evidence of miscarriage of justice or lack of...
Source-derived case information.
- Citation
- [2014] KEELRC 105 (KLR)
- Parties
- Claimant: John Barasa Wasike; Respondent: Linda Security Company Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 12 of 2014
- Procedural Posture
- Review Application / Ruling on Application to Review, Vary and Set Aside Judgment
- Outcome
- application dismissed
- Judges
- J Rika
- Legal Topics
- Review of Judgment, Setting Aside Orders, Representation of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Barasa Wasike
Claimant
Linda Security Company Limited
Respondent
Procedural Posture
Review Application / Ruling on Application to Review, Vary and Set Aside Judgment
Legal Issues
- 1 Whether the respondent's application to review, vary and set aside the judgment was merited.
- 2 Whether the respondent was properly represented and participated in the main proceedings.
Ratio Decidendi
The court found that the respondent, through its Operations Manager, was fully aware of and participated in the main proceedings. The application to review, vary, and set aside the judgment was brought without sufficient cause and was considered dilatory. There was no evidence of miscarriage of justice or lack of representation. Consequently, the application was rejected, and the claimant was permitted to proceed with execution of the judgment.
Court Disposition
application dismissed
Orders
- The application dated 30th July 2014 is rejected.
- The claimant may proceed to execute.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 12 OF 2014
BETWEEN
JOHN BARASA WASIKE .......................................................................................... CLAIMANT
VERSUS
LINDA SECURITY COMPANY LIMITED ..................................................... RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
John Barasa Wasike Claimant in Person
Mr. Francis Gathundia for the Respondent
___________________________________________________________________________________
RULING
Mr. Francis Gathundia, claiming to be a 'Partner' in the Respondent company, filed an Application dated 4th August 2014, asking the Court to review, vary and set aside the judgment of the Court given on 18th July 2014.
The Application is based on Mr. Gathundia's affidavit sworn on 30th July 2014.
He conceded during the hearing that the Company was represented at the hearing of the main dispute by its Operations Manager Mr. Ali Said. The Court record is clear the Respondent was aware of the proceedings, participated in the proceedings in full, and the Application by Mr. Gathundia is dilatory. IT IS ORDERED:-
(a) The Application dated 30th July 2014 is rejected.
(b) The Claimant may proceed to execute.
Dated and delivered at Mombasa this 27th day of October 2014.
James Rika
Judge