[2018] KEELRC 2435 (KLR)
The court found that the respondent was at all material times aware of the suit, was represented by counsel until withdrawal, and was properly served with the hearing notice. The respondent failed to file any response to the claim, leaving the memorandum of claim unchallenged. The issues raised in the objector's...
Source-derived case information.
- Citation
- [2018] KEELRC 2435 (KLR)
- Parties
- Applicant: Regina Nduku Kyalo & 24 Others; Respondent: Indu Farm Export Processing Zone Limited [In Liquidation]; Objector: Mara EPZ Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1725 of 2013
- Procedural Posture
- Employment Cause / Ruling on Objector's Application to Set Aside Court Order and Related Prayers
- Outcome
- application dismissed with costs
- Judges
- MN Nduma, DO Ogal
- Legal Topics
- Liquidation of Employer, Security for Judgment, Setting Aside Orders, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Regina Nduku Kyalo & 24 Others
Applicant
Indu Farm Export Processing Zone Limited [In Liquidation]
Respondent
Mara EPZ Limited
Objector
Procedural Posture
Employment Cause / Ruling on Objector's Application to Set Aside Court Order and Related Prayers
Legal Issues
- 1 Whether the application to set aside the court order of 24th November 2015 against the respondent has merit.
- 2 Whether the prior consent between the parties regarding the proclaimed goods and sale of the company overrides the objector's application.
- 3 Whether the respondent was properly served and had opportunity to respond to the claim.
Ratio Decidendi
The court found that the respondent was at all material times aware of the suit, was represented by counsel until withdrawal, and was properly served with the hearing notice. The respondent failed to file any response to the claim, leaving the memorandum of claim unchallenged. The issues raised in the objector's application had already been addressed and overtaken by a consent recorded in court, which resolved the matter of the proclaimed goods and allowed for the sale of the company by a receiver manager. The application to set aside the court order was therefore misconceived, lacked basis, and amounted to an attempt to further delay the proceedings. Accordingly, the application was...
Court Disposition
application dismissed with costs
Orders
- The application dated 4th August 2016 by the objector is dismissed with costs.
- The consent recorded on 30th August 2016 remains binding on the parties.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 1725 OF 2013
CONSOLIDATED WITH CAUSE NO. 1726 OF 2013
(Before Hon. Justice Mathews N. Nduma)
REGINA NDUKU KYALO & 24 OTHERS..........................CLAIMANTS
VERSUS
INDU FARM EXPORT PROCESSING
ZONE LIMITED [IN LIQUIDATION]…..……......….... RESPONDENT
MARA EPZ LIMITED …………………..……………………OBJECTOR
RULING
1. The application dated 4th August 2016, by the objector was compromised by the consent entered into by the objector, the respondents and the Claimants and recorded in court on 30th August, 2016 with regard to the proclaimed goods.
2. With regard to the prayer to set aside the order of the court made against the Respondent on 24th November, 2015 the application is misconceived and has no basis for the reasons that –
(i) The Respondent was at all material times aware of this suit.
(ii) FKE acted for respondent until it withdrew from the suit for lack of instructions.
(iii) The respondent was served with the hearing notice of the application and the same was allowed upon hearing exparte by the court.
(iv) The respondent has to date not filed any response to the claim and the Memorandum of Claim remain unchallenged.
(v) The suit was filed in 2013, and the respondent all along delayed the hearing and disposal of the case. The respondent is presently attempting further delay of this matter.
3. Security for judgment was deposited a priori upon admission that the respondent was closing down and in terms of the consent, the company was allowed to be sold off to a third party by a receiver manager. Furthermore, these issues were overtaken by the consent by the parties.
4. Accordingly, the application is dismissed with costs.
Dated and Signed in Kisumu this 5th day of February, 2018
Mathews N. Nduma
Judge
Delivered and signed in Nairobi this 16th day of February, 2018
Maureen Onyango
Judge
Appearances
Namada for Claimant/Respondent
Nyaribo for Respondent
Anne Njung’e – Court Clerk