[2019] KEELRC 535 (KLR)
The court found that the hearing notice was duly served on the Respondent's advocate as evidenced by the Deputy Registrar's register and the signed notice. The Respondent's claim of non-service was found to be untruthful. Since the Respondent was properly notified and chose not to attend the hearing, it must bear...
Source-derived case information.
- Citation
- [2019] KEELRC 535 (KLR)
- Parties
- Claimant: Moses Nyaga Nkaabu; Respondent: Gulsan Insaat Sayayiturzim Nakliyat Veticaret Anonim Sirketi Co. Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause 266 of 2016
- Procedural Posture
- Motion to Set Aside / Ruling
- Outcome
- motion dismissed with costs to the claimant/respondent; execution to proceed
- Judges
- AN Makau
- Legal Topics
- Service of Process, Setting Aside Judgment, Hearing Notice, Default Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Nyaga Nkaabu
Claimant
Gulsan Insaat Sayayiturzim Nakliyat Veticaret Anonim Sirketi Co. Ltd
Respondent
Procedural Posture
Motion to Set Aside / Ruling
Legal Issues
- 1 Whether the Respondent was properly served with the hearing notice.
- 2 Whether the motion to set aside should be granted on grounds of non-service.
Ratio Decidendi
The court found that the hearing notice was duly served on the Respondent's advocate as evidenced by the Deputy Registrar's register and the signed notice. The Respondent's claim of non-service was found to be untruthful. Since the Respondent was properly notified and chose not to attend the hearing, it must bear the consequences of its inaction. The motion to set aside was therefore dismissed as lacking merit.
Court Disposition
motion dismissed with costs to the claimant/respondent; execution to proceed
Orders
- The motion to set aside is dismissed with costs to the Claimant/Respondent.
- Execution to commence.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS
COURT OF KENYA AT NYERI
CAUSE NO. 266 OF 2016
MOSES NYAGA NKAABU.............................................CLAIMANT
VERSUS
GULSAN INSAAT SAYAYITURZIM NAKLIYAT
VETICARET ANONIM SIRKETI CO. LTD.............RESPONDENT
RULING
1. The motion seeks to set aside on grounds that the Respondent was not served. The court record has notices served on the Advocate for the Respondent for the hearing on 10th December 2018. The Deputy Registrar of the Court keeps a register and the hearing notice is shown to have been dispatched to M/s Kiogora Mugambi & Co. Advocates of PO Box 614 - 60200 Meru. The notice was signed by the Deputy Registrar on 10th December 2018. It is therefore disingenuous for the Respondent’s Counsel to state he was not served with the hearing notice by the Claimant’s Advocate. Since hearing date was served by the Court and the Respondent chose not to attend the hearing the Respondent has to lie in the bed it made. I have no qualms dismissing the motion as being devoid of any merit. It is dismissed with costs to the Claimant/Respondent paving way for execution to commence.
It is so ordered.
Dated and delivered at Nyeri this 29th day of October 2019
Nzioki wa Makau
JUDGE