[2014] KEELRC 719 (KLR)

[2014] KEELRC 719 (KLR)

The court found that the respondent's advocates had provided sufficient reason for their absence when the matter proceeded ex parte on 4th February 2013. There was evidence of proper service of the application and hearing notice to the claimants' advocates, and the application was unopposed. Accordingly, the court...

Source-derived case information.

Citation
[2014] KEELRC 719 (KLR)
Parties
Applicant: Reuben Elisha Omulama; Applicant: Francis Kathulu Kongo; Applicant: Martin Odhiambo Okacho; Applicant: Kennedy Lumba Sio Muvesu; Respondent: Mr. Pritpal Singh
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Cause 392 of 2011
Procedural Posture
Miscellaneous Application / Ruling on Application to Set Aside Ex Parte Proceedings
Outcome
application allowed; ex parte proceedings and orders set aside; fresh hearing to be scheduled
Legal Topics
Setting Aside Ex Parte Orders, Service of Process, Right to Be Heard
Source Language
en
Employment and Labour Setting Aside Ex Parte Orders Service of Process Right to Be Heard

Source-derived case record

Summary, issues, holding and outcome

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Parties

Reuben Elisha Omulama

Applicant

Francis Kathulu Kongo

Applicant

Martin Odhiambo Okacho

Applicant

Kennedy Lumba Sio Muvesu

Applicant

Mr. Pritpal Singh

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application to Set Aside Ex Parte Proceedings

Legal Issues

  1. 1 Whether the respondent has shown sufficient cause to set aside the ex parte proceedings of 4th February 2013.
  2. 2 Whether the application dated 4th December 2013 should be allowed.

Ratio Decidendi

The court found that the respondent's advocates had provided sufficient reason for their absence when the matter proceeded ex parte on 4th February 2013. There was evidence of proper service of the application and hearing notice to the claimants' advocates, and the application was unopposed. Accordingly, the court exercised its discretion to allow the application, set aside the ex parte proceedings and orders, and directed the parties to fix a fresh hearing date.

Court Disposition

application allowed; ex parte proceedings and orders set aside; fresh hearing to be scheduled

Orders

  • The application dated 4th December 2013 is allowed.
  • The proceedings of 4th February 2013 and orders made in the absence of the respondent subsequent to this date are vacated.