Kenya Concrete, Structural, Ceramic Tiles and Interior Design Workers Union v Mara Tea Limited; Sanjomu Auctioneers (Interested Party) (Cause E902 of 2022) [2025] KEELRC 1195 (KLR)
The bottom line
#A Kenyan court refused to undo a default judgment because the company never updated its official registered contact details, so service by email was valid.
What this practically means
#Executive summary
#Key legal issues
#Whether the default judgment should be set aside and the Applicant allowed to defend the suit
No - the Applicant was duly served through its official contact details and no inadvertence or excusable mistake was demonstrated
The court found that service from filing suit until June 2023 was effected through contacts the Applicant denied, but an official search at the Business Registration Service returned the Applicant's email and phone number, which the Claimant used to serve hearing notices and pleadings. The Applicant did not prove when it changed its contact details. The court found no inadvertence or excusable mistake warranting exercise of its discretion, and held that reopening would occasion injustice to the Claimant.
Whether the Applicant's denial of service and contention that the conciliation process excluded it undermined the proceedings
The conciliator's certificate did not expressly show the Applicant participated, but the official BRS contact details established valid service of subsequent proceedings
The court noted the certificate of resolved trade dispute did not expressly indicate the Applicant's participation in conciliation. However, that did not cure the Applicant's failure to respond to service effected through its officially registered email address and telephone number, on which basis the formal proof hearing proceeded and judgment was entered.
Legal principles established
#- The court has unlimited discretion to set aside or vary a default judgment on such terms as are just
- The discretion to set aside ex parte proceedings is meant to avoid injustice from accident, inadvertence or excusable mistake, not to assist a party who deliberately obstructed or delayed the course of justice
- Where a party has not proved a change of its contact details, the court will proceed on the contact details held at the Business Registration Services
Court orders
#- 1.The Applicant's motion dated 14th November, 2024 is dismissed in its entirety
- 2.Costs of the application awarded to the Claimant
- Jurisdiction invoked
- Order 10 Rule 11, Order 51 Rules 1 and 3, Order 40 rules 1 and 4(1) of the Civil Procedure Rules 2010; Sections 1A, 1B and 3A of the Civil Procedure Act Cap 21; Articles 159 and 50(1) of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Concrete, Structural, Ceramic Tiles and Interior Design Workers Union v Mara Tea Limited; Sanjomu Auctioneers (Interested Party) (Cause E902 of 2022) [2025] KEELRC 1195 (KLR)", Case Analysis (2025). Cause No E902 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1195/eng@2025-04-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.