Kenya Union of Domestic, Hotels, Educational Institutions & Hospital Workers v Board of Governors Lugulu Girls [2021] KEELRC 1973 (KLR)
The bottom line
#A Kenyan court refused to reopen an eight-year-old judgment against a school that ignored the case, ordering it to pay the award in full.
What this practically means
#Executive summary
#Key legal issues
#Setting aside an ex parte judgment after inordinate delay
The application to set aside a 2012 judgment brought in 2020 fails; the Applicant showed no excusable mistake, inadvertence, accident or error and must satisfy the decree
The court acknowledged the discretion to set aside ex parte orders exists to prevent injustice from excusable mistake, inadvertence, accident or error. However, the Applicant offered no demonstration of any such excuse for its absence and the eight-year delay made it impossible to do justice by reopening the matter. The discretion was therefore not properly engaged and the motion was dismissed with costs.
Sufficiency of service and the Applicant's claim it was unaware of the suit
The Applicant's assertion of non-service and ignorance of the proceedings did not establish sufficient cause to set aside the judgment
The Applicant claimed it learned of the case only upon a proclamation notice and was never served, yet offered no explanation for the inordinate delay in moving the court after discovering the judgment. The Respondent demonstrated proper service under Order 5 and the court proceeded on formal proof after satisfying itself on service. Without evidence of excusable error, the discretionary remedy was unavailable.
Legal principles established
#- The discretion to set aside an ex parte judgment exists to spare a litigant injustice from excusable mistake, inadvertence, accident or error, and will not be exercised where none is demonstrated
Court orders
#- 1.The Notice of Motion dated 23rd November 2020 is dismissed
- 2.Costs of the application awarded to the Claimant
- 3.The Respondent must meet the demands in the proclamation by paying the decretal sum
- Jurisdiction invoked
- Original jurisdiction of the Employment and Labour Relations Court over an interlocutory Notice of Motion in a labour dispute
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Domestic, Hotels, Educational Institutions & Hospital Workers v Board of Governors Lugulu Girls [2021] KEELRC 1973 (KLR)", Case Analysis (2021). Not stated in the excerpt (Employment and Labour Relations Court cause). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1973/eng@2021-03-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.