Amalgmated Union of Kenya Metal Workers v Reliable Electrical Engineers [M] Ltd (Cause E102 of 2021) [2023] KEELRC 1521 (KLR)
The bottom line
#Ignoring court papers in an employment case led to judgment standing, as Kenya's ELRC refused to set it aside without a real defence.
What this practically means
#Executive summary
#Key legal issues
#Properness of service
Respondent was properly served with suit documents and formal proof notice; its failure to attend was a choice with consequences
An affidavit of service showed service of the memorandum of claim on the respondent and, at its instance, on its advocates whose date stamp appeared on served documents. The formal proof notice was served on both respondent and advocates by email with proof of service. The respondent did not deny service but alleged improper service; the court found service proper and the resulting decree regular and valid.
Whether the draft defence raised a triable issue
The draft defence was a general denial and raised no triable issue
The only defence suggested in the draft response was sub judice, but the respondent exhibited no documents showing the dispute had previously been determined. Following Tree Shade Motors, the court examined the draft defence and found it lacked merit, so no basis existed to disturb the default judgment.
Legal principles established
#- The court has unlimited discretion to set aside a default judgment on just terms, but where a regular judgment has been entered it will not usually be set aside unless a triable issue is shown
- Even where ex-parte judgment was lawfully entered, the court should examine the draft defence for a valid or reasonable defence
Court orders
#- 1.Notice of Motion dated November 23, 2022 dismissed with costs
- 2.Judgment of October 13, 2022 and consequential decree remain in place
- Jurisdiction invoked
- Original employment jurisdiction of the Employment and Labour Relations Court; the respondent/applicant's application (not the claim itself) was before the court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Amalgmated Union of Kenya Metal Workers v Reliable Electrical Engineers [M] Ltd (Cause E102 of 2021) [2023] KEELRC 1521 (KLR)", Case Analysis (2023). Notice of Motion dated November 23, 2022 arising from suit filed December 9, 2021 (ELRC, Mombasa). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/1521/eng@2023-03-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.