[2017] KEELRC 817 (KLR)
The court found that the matter was heard and judgment delivered in error, as the parties had only obtained a mention date for purposes of fixing a hearing date. The respondent's advocate was absent, having requested the file be placed aside, and there was no proper notice or agreement for a substantive hearing. To...
Source-derived case information.
- Citation
- [2017] KEELRC 817 (KLR)
- Parties
- Claimant: Paul Kilonzo; Respondent: Silpack Industries Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1391 of 2014
- Procedural Posture
- Employment Cause / Ruling on Setting Aside Judgment
- Outcome
- Judgment set aside; matter to proceed afresh.
- Legal Topics
- Setting Aside Judgment, Procedural Error, Mention Vs Hearing, Right to Be Heard
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Kilonzo
Claimant
Silpack Industries Ltd
Respondent
Procedural Posture
Employment Cause / Ruling on Setting Aside Judgment
Legal Issues
- 1 Whether the judgment delivered on 9th September 2016 should be set aside due to a procedural error.
- 2 Whether the matter was heard in error when it was only listed for mention.
Ratio Decidendi
The court found that the matter was heard and judgment delivered in error, as the parties had only obtained a mention date for purposes of fixing a hearing date. The respondent's advocate was absent, having requested the file be placed aside, and there was no proper notice or agreement for a substantive hearing. To uphold the principles of fairness and the right to be heard, the court set aside the judgment delivered on 9th September 2016 and ordered that the matter proceed afresh.
Court Disposition
Judgment set aside; matter to proceed afresh.
Orders
- The judgment of the court delivered on 9th September 2016 is set aside.
- The matter to proceed afresh.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 1391 OF 2014
PAUL KILONZO ………………………….….......…… CLAIMANT
VERSUS
SILPACK INDUSTRIES LTD .….………………… RESPONDENT
Claimant in person
Mr. Atonga for respondent
RULING
1. The matter proceeded for hearing on 12th July 2016 although the matter had been listed for hearing on the day. The record shows that the parties had on 4th July 2016 agreed that the matter be mentioned before court on 12th July 2016 for setting of a hearing date.
2. The advocate for the respondent had asked for the file to be placed aside for him to come to court at 12. 00 a.m. but he did not turn up.
3. It would appear that the court heard the matter in error on the day, the parties having obtained a mention date.
4. Accordingly, the judgment of the court delivered on 9th September 2016 is set aside and the matter to proceed afresh.
Dated and delivered at Nairobi this 28th day of July, 2017.
MATHEWS NDERI NDUMA
PRINCIPAL JUDGE