[2023] KEELRC 3118 (KLR)
The court found that there was no affidavit of service on record to confirm that the respondent had been served with the memorandum of claim. In the absence of proof of service, the court could not proceed to treat the matter as an undefended suit or take further steps against the respondent. The court therefore...
Source-derived case information.
- Citation
- [2023] KEELRC 3118 (KLR)
- Parties
- Applicant: Kenya Shipping, Clearing Freight Logistics and Warehouses Workers Union; Respondent: Vegpro (K) Ltd VP Group
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Employment and Labour Relations Cause E1031 of 2021
- Procedural Posture
- Employment and Labour Cause / Interlocutory Ruling on Service and Response
- Outcome
- Interlocutory orders issued for service and response; mention scheduled to confirm compliance.
- Judges
- AN Mwaure
- Legal Topics
- Service of Process, Affidavit of Service, Undefended Suit, Court Compliance, Covid19 Court Measures
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Shipping, Clearing Freight Logistics and Warehouses Workers Union
Applicant
Vegpro (K) Ltd VP Group
Respondent
Procedural Posture
Employment and Labour Cause / Interlocutory Ruling on Service and Response
Legal Issues
- 1 Whether the respondent was properly served with the memorandum of claim.
- 2 Whether the absence of an affidavit of service affects the progress of the suit.
- 3 What directions should be given to ensure compliance with procedural requirements.
Ratio Decidendi
The court found that there was no affidavit of service on record to confirm that the respondent had been served with the memorandum of claim. In the absence of proof of service, the court could not proceed to treat the matter as an undefended suit or take further steps against the respondent. The court therefore directed the claimant to serve the memorandum of claim within 10 days and to file an affidavit of service. The respondent was given 12 days thereafter to file their response and witness statements, failing which the matter would be certified as undefended. The court also scheduled a mention to confirm compliance. The court emphasized the need to balance procedural requirements...
Court Disposition
Interlocutory orders issued for service and response; mention scheduled to confirm compliance.
Orders
- The claimant to serve the memorandum of claim within 10 days and file an affidavit of service.
- The respondent to file their response and witness statements within 12 days of service, failing which the case will be certified as undefended.
Full Case Text
Judgment text and source record
18 paragraphs
Kenya Shipping, Clearing Freight Logistics and Warehouses Workers Union v Vegpro (K) Ltd VP Group (Employment and Labour Relations Cause E1031 of 2021) [2023] KEELRC 3118 (KLR) (30 November 2023) (Ruling)
Neutral citation: [2023] KEELRC 3118 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Employment and Labour Relations Cause E1031 of 2021
AN Mwaure, J
November 30, 2023
Between
Kenya Shipping, Clearing Freight Logistics and Warehouses Workers Union
Claimant
and
Vegpro (K) Ltd VP Group
Respondent
Ruling
1. The respondent has not entered a response since 2021 when the claim was filed. Looking at the file however and in the CTS system we did not find an affidavit of service pertaining to the service of summons.
2. In the absence of the same the court will order as follows:a.The claimant to serve the memorandum of claim within 10 days hereof and file an affidavit of service for court’s records.b.The respondent to file their response and witness statements within 12 days failure of which the case will be certified as an undefended suit.
3. Mention on 18/12/2023 to confirm compliance and give a date for hearing.
DATED, SIGNED AND DELIVERED VIRTUALLY IN NAIROBI THIS 30THDAY OF NOVEMBER, 2023. ANNA NGIBUINI MWAUREJUDGEORDERIn view of the declaration of measures restricting Court operations due to the COVID-19 pandemic and in light of the directions issued by His Lordship, the Chief Justice on 15th March 2020 and subsequent directions of 21st April 2020 that judgments and rulings shall be delivered through video conferencingor via email. They have waived compliance with Order 21 Rule 1 of the Civil Procedure Rules, which requires that all judgments and rulings be pronounced in open Court. In permitting this course, this Court has been guided by Article 159(2)(d) of the Constitution which requires the Court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution} and the provisions of Section 1B of the Procedure Act (Chapter 21 of the Laws of Kenya) which impose on this Court the duty of the Court, inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.A signed copy will be availed to each party upon payment of Court fees.Anna Ngibuini MwaureJudge