Mohammed Bocha Gobu v BGP Kenya Limited [2020] KEELRC 635 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the proceedings of 19th December 2019 should be set aside
The application was disallowed because the Respondent demonstrated no valid reason for non-attendance and had treated the Court and the Claimant with disregard
The hearing date of 19th December 2019 was taken by consent. The Respondent did not deny failing to notify the Claimant's Counsel of non-attendance and failing to pay Kshs. 15,000 in witness costs ordered on 21st May 2019. No witness statement or bundle of documents had ever been filed. The Advocate's engagement before a coordinate court is not a valid ground for adjournment. Setting-aside is discretionary and must serve the interest of justice, weighing expeditious disposal and judicial time.
Whether the Respondent's right to be heard was violated
No; the Respondent had not taken the matter seriously and its claim to a right to be heard did not outweigh the Claimant's interest in expeditious resolution
Despite entering appearance almost two years earlier, the Respondent filed no list of witnesses, witness statements or bundle of documents. It had already been granted one adjournment on 21st May 2019 with witness costs awarded to the Claimant, which it defied. Granting a further indulgence would reward a litigant taking the Court for granted and stall the cause.
Legal principles established
#- An application to set aside proceedings calls for exercise of judicial discretion in the interest of justice
- An Advocate's engagement in another court of coordinate jurisdiction is not by itself a valid reason for adjournment
- Expeditious disposal and optimal use of judicial time are key factors in setting-aside applications
Court orders
#- 1.The Respondent's application dated 20th January 2020 is disallowed with costs to the Claimant
- 2.The Respondent is directed to file final submissions on the main claim within fourteen (14) days from the date of the ruling
- Jurisdiction invoked
- Article 159(2)(d) of the Constitution of Kenya (reference to Article 40 as guaranteeing access to justice) and the Civil Procedure Act; first-instance discretion under the Employment and Labour Relations Court (Procedure) Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mohammed Bocha Gobu v BGP Kenya Limited [2020] KEELRC 635 (KLR)", Case Analysis (2020). Cause No 108 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/635/eng@2020-04-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.