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ELRCAllowedNot stated in judgment· [2020] KEELRC 902 (KLR)

Naqeeb Imtiaz Kara v Medanta Africare Limited [2020] KEELRC 902 (KLR)

Employment and Labour Relations Court
11 June 2020
271 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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A Kenyan employment court ordered a respondent to deposit security for costs after it failed to oppose the application, confirming unopposed motions get granted as prayed.

What this practically means

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Executive summary

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This is a short first-instance ruling by the Employment and Labour Relations Court at Nairobi, delivered online on 11th June 2020 by Mathews N. Nduma, Judge, owing to COVID-19 restrictions on court operations. The Claimant had moved the Court by a notice of motion dated 6th February seeking an order compelling the Respondent to place security for costs and judgment in the matter. When the application came up, M/s Owuor for the Respondent informed the Court on 4th November 2019 that the Respondent required 30 days to deposit security in terms of the application. The application was never opposed. The Court accordingly allowed the motion in terms of prayer 3 of the notice of motion and ordered costs in the cause. The closing portion of the ruling records the parties' consent to online delivery and their waiver of compliance with Order 21 rule 1 of the Civil Procedure Rules requiring pronouncement in open court, the Court being guided by Article 159(2)(d) of the Constitution on eschewing undue technicalities, the right of access to justice under Article 48, and Section 18 of the Civil Procedure Act on the use of suitable technology to facilitate the just, expeditious, proportionate and affordable resolution of civil disputes. Appearances were M/s Odinga for the Claimant and M/s Owuor for the Respondent, with Chrispo as Court Clerk.

Key legal issues

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01

Security for costs

Holding

The respondent, having indicated through counsel that it required 30 days to deposit security, and the application being unopposed, the court granted the application in terms of prayer 3 of the notice of motion.

Reasoning

Counsel for the respondent, M/s Owuor, told the Court on 4/11/2019 that the respondent required 30 days to deposit security in terms of the application. The application remained unopposed to the date of the ruling. On that basis the court allowed the motion in terms of prayer 3 and made no order as to costs other than costs in the cause.

p. 2

Legal principles established

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  • An unopposed application may be granted in terms of the prayers sought

Court orders

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  1. 1.The application dated 6th February is granted in terms of prayer 3 of the notice of motion, ordering the respondent to deposit security
  2. 2.Costs in the cause

Authorities

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Legislation

  • Constitution of KenyaArticle 159(2)(d)
  • Constitution of KenyaArticle 48
  • Civil Procedure Act (chapter 21, Laws of Kenya)Section 18
  • Civil Procedure RulesOrder 21 rule 1
Jurisdiction invoked
Article 159(2)(d) and Article 48 of the Constitution; Section 18 of the Civil Procedure Act (chapter 21, Laws of Kenya)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Naqeeb Imtiaz Kara v Medanta Africare Limited [2020] KEELRC 902 (KLR)", Case Analysis (2020). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/902/eng@2020-06-11

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.