[2019] KEELRC 1801 (KLR)
The court found that the Respondent/Applicant failed to exhibit or provide any evidence of the alleged submissions purportedly filed on 15th November 2018. In the absence of such evidence, the court held that there was no error apparent on the face of the record and no basis to interfere with its earlier judgment....
Source-derived case information.
- Citation
- [2019] KEELRC 1801 (KLR)
- Parties
- Respondent: Rose Ngii Mwanzia; Applicant: Kenya Water Institute
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 271 of 2017
- Procedural Posture
- Review Application / Ruling on Application to Set Aside Judgment
- Outcome
- application dismissed with costs
- Judges
- AN Makau
- Legal Topics
- Review of Judgment, Error on Face of Record, Filing of Submissions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rose Ngii Mwanzia
Respondent
Kenya Water Institute
Applicant
Procedural Posture
Review Application / Ruling on Application to Set Aside Judgment
Legal Issues
- 1 Whether the court's judgment contained an error apparent on the face of the record due to alleged non-consideration of submissions by the Respondent/Applicant.
- 2 Whether the application to set aside the judgment and decree should be granted.
Ratio Decidendi
The court found that the Respondent/Applicant failed to exhibit or provide any evidence of the alleged submissions purportedly filed on 15th November 2018. In the absence of such evidence, the court held that there was no error apparent on the face of the record and no basis to interfere with its earlier judgment. The application for review and setting aside of the judgment was therefore dismissed as unmerited, with costs awarded to the Claimant/Respondent.
Court Disposition
application dismissed with costs
Orders
- The application to set aside the judgment and decree is dismissed.
- Costs awarded to the Claimant/Respondent.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS
COURT OF KENYA AT NYERI
SUIT NO. 271 OF 2017
ROSE NGII MWANZIA.................................CLAIMANT/RESPONDENT
VERSUS
KENYA WATER INSTITUTE...................RESPONDENT/APPLICANT
RULING
1. The application before me seeks the setting aside of the order and decree of the court ensuing from the judgment of the court on 30th January 2019. The Respondent/Applicant asserts that the decision of the court was to the effect that the Respondent had not filed submissions. The Respondent asserts that it filed submissions on 15th November 2018. It argues therefore that the judgment of the court has an error apparent on the face of it and should be reviewed. The Claimant/Respondent is opposed and argues that if there were submissions filed herein, a copy would have been attached to the supporting affidavit filed along with the motion. The Claimant/Respondent thus urges the dismissal of the motion as being unmerited.
2. The motion is unmerited as there is no basis for the grant of the orders sought. The application was mounted on the premise there were submissions filed in November 2018. None were exhibited and therefore it lends credence to the finding of the court that none were on the file. As there is no basis to interfere with the decision of the court, the application is dismissed with costs to the Claimant/Respondent.
It is so ordered.
Dated and delivered at Nyeri this 9th day of April 2019
Nzioki wa Makau
JUDGE
I certify that this is a
true copy of the Original
Deputy Registrar