[2012] KEHC 148 (KLR)

[2012] KEHC 148 (KLR)

The court found that the respondent had persistently and without good reason disobeyed court orders to file a memorandum of defence and to pay costs. In the absence of any satisfactory explanation from the respondent, and upon consideration of the claim and documents on record, the court determined that the claimant...

Source-derived case information.

Citation
[2012] KEHC 148 (KLR)
Parties
Applicant: Peter Maina Margaret; Respondent: Magic General Contractors Ltd
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
30 August 2012
Case Number
Cause 294 of 2010
Procedural Posture
Employment and Labour Cause / Judgment
Outcome
Judgment for the claimant as prayed in the memorandum of claim; costs awarded to the claimant.
Judges
B Ongaya
Legal Topics
Failure to File Defence, Non Compliance With Court Orders, Costs Award
Source Language
english
Employment and Labour Failure to File Defence Non Compliance With Court Orders Costs Award

Source-derived case record

Summary, issues, holding and outcome

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Parties

Peter Maina Margaret

Applicant

Magic General Contractors Ltd

Respondent

Procedural Posture

Employment and Labour Cause / Judgment

Legal Issues

  1. 1 Whether the respondent's persistent disobedience of court orders justifies judgment in favour of the claimant.
  2. 2 Whether the claimant is entitled to the reliefs sought in the memorandum of claim.
  3. 3 Whether costs should be awarded against the respondent.

Ratio Decidendi

The court found that the respondent had persistently and without good reason disobeyed court orders to file a memorandum of defence and to pay costs. In the absence of any satisfactory explanation from the respondent, and upon consideration of the claim and documents on record, the court determined that the claimant was entitled to judgment as prayed in the memorandum of claim. The court further held that the respondent should bear the costs of the cause, as there were no special circumstances to warrant a departure from the general rule that costs follow the event.

Court Disposition

Judgment for the claimant as prayed in the memorandum of claim; costs awarded to the claimant.

Orders

  • Judgment is entered for the claimant as prayed for in the memorandum filed on 23.03.2010 and dated 16.03.2010.
  • The respondent shall pay costs of the cause.