Oduori v Twenty Cube Logistics Ltd & another (Cause 19 of 2019) [2023] KEELRC 2288 (KLR)
The bottom line
#An employer who skipped trial lost its bid to overturn an adverse employment judgment, because filing documents without testifying proves nothing.
What this practically means
#Executive summary
#Key legal issues
#Review jurisdiction under Section 16 ELRC Act and Rule 33(1) ELRC (Procedure) Rules 2016
The Respondent failed to establish discovery of new and important matter, any error apparent on the face of the record, need for clarification, or other sufficient reason justifying review
The Court reproduced the Rule 33(1) grounds and held that the Respondent did not satisfy, or even attempt to satisfy, any of them. The Respondent's only argument was that the Court ought to have considered its pleadings and documents despite its non-attendance at trial. The Court rejected this as a basis for review, holding that unproven pleadings cannot displace unchallenged testimony.
Effect of failure to adduce evidence at trial
Pleadings and documents filed without viva voce evidence remain mere unsubstantiated statements of fact, and the claimant's evidence stands uncontroverted
The Court endorsed the Trust Bank v Paramount Universal Bank formulation that a party who fails to call evidence fails to substantiate its pleadings, and the opposing party's evidence is uncontroverted. This principle disposed of the Respondent's contention that the judgment was erroneous for ignoring its filed response and documents.
Legal principles established
#- Where a party fails to call evidence in support of its case, its pleadings, witness statements and documents remain mere unsubstantiated statements of fact
Court orders
#- 1.The Respondent's Notice of Motion dated 31/5/2023 is dismissed with costs
- 2.The interim order of stay of execution granted by the Court on 19/6/2023 is vacated
- Jurisdiction invoked
- Section 16 of the Employment and Labour Relations Court Act read with Rule 33(1) of the Employment and Labour Relations Court (Procedure) Rules 2016
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Oduori v Twenty Cube Logistics Ltd & another (Cause 19 of 2019) [2023] KEELRC 2288 (KLR)", Case Analysis (2023). Cause No 19 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2288/eng@2023-09-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.