[2013] KEELRC 636 (KLR)
The court found that the claimant had established his case on a balance of probabilities, particularly in light of the respondent's failure to file a response or attend court. The absence of a defence meant the claimant's evidence and pleadings were uncontroverted. Consequently, the court held that the claimant was...
Source-derived case information.
- Citation
- [2013] KEELRC 636 (KLR)
- Parties
- Claimant: Vincent Idewa; Respondent: Patriotic Guards Services Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Cause 108 of 2013
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Judgment for the claimant.
- Judges
- B Ongaya
- Legal Topics
- Unlawful Termination, Wage Claims, Default Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Idewa
Claimant
Patriotic Guards Services Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant is entitled to the reliefs sought in the memorandum of claim due to the respondent's failure to respond or appear.
- 2 Whether the claimant has established his case on a balance of probabilities in the absence of a defence.
Ratio Decidendi
The court found that the claimant had established his case on a balance of probabilities, particularly in light of the respondent's failure to file a response or attend court. The absence of a defence meant the claimant's evidence and pleadings were uncontroverted. Consequently, the court held that the claimant was entitled to the reliefs sought in the memorandum of claim, including the monetary sum claimed, interest, and costs.
Court Disposition
Judgment for the claimant.
Orders
- The respondent shall pay the claimant Kshs.166,052.75 plus interest at court rates from the date of judgment.
- The respondent shall pay the claimant costs of the case fixed at Kshs.10,000.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA AT NAKURU
CAUSE NO. 108 OF 2013
VINCENT IDEWA.....................................................................CLAIMANT
VERSUS
PATRIOTIC GUARDS SERVICES LIMITED...................RESPONDENT
(Before Hon. Justice Byram Ongaya on Tuesday 2nd July, 2013)
JUDGMENT
The Claimant Vincent Idewa filed the memorandum of claim on 0. 5.05. 2013 against the respondent Patriotic Guards Services Ltd.
Despite service, the Respondent failed to enter appearance and to file the memorandum of response. The Respondent was served a hearing notice for 2. 07. 2013 but failed to attend court.
The Claimant gave evidence to support his claim as set out in the memorandum of claim.
In view of the Claimant's evidence and in absence of the Respondent's memorandum of response, the court finds that the Claimant has established his case on a balance of probabilities. The Claimant relied on the memorandum of claim to urge his case and the court finds that he is entitled to the prayers as set out in the memorandum.
In conclusion, judgment is entered for the Claimant against the respondent for the respondent to pay the Claimant Kshs.166,052. 75 plus interest at court rates from the date of this judgment and costs of the case fixed at Kshs.10,000/=. A decree shall issue accordingly.
Signed, dated and delivered in court at Nakuru this Tuesday, 2nd July, 2013in presence of Claimant and in absence of the Respondent.
BYRAM ONGAYA
JUDGE