Charles Kuchanja Mwabuje v Vipingo Ridge Limited [2017] KEELRC 148

REPUBLIC OF KENYA IN THE EMPLOYMENT & LABOUR RELATIONS COURT AT MOMBASA CAUSE NUMBER 361 OF 2016 BETWEEN CHARLES KUCHANJA MWABUJE........................................CLAIMANT VERSUS VIPINGO RIDGE LIMITED..................................................RESPONDENT Rika J Court Assistant: Benjamin Kombe Omolo Onyango & Company Advocates for the Claimant No appearance for the Respondent RULING 1. This Claim was heard ex parte, on 16th October 2017, at Malindi. 2. The hearing date was taken in open Court at Mombasa, on 17th July 2017. 3. The date was taken by Counsel for the Claimant, in the absence of the Respondent. 4. The Order made on 17th July 2017, was that hearing would be on 16th October 2017, at Malindi. 5. After hearing on 16th October 2017, the Court reserved Judgment for 4th December 2017. 6. It has been noted that the Hearing Notice served upon the Respondent, as shown in the Affidavit of Service sworn by John Kombe on 16th October 2017, indicates the place of trial as Mombasa. 7. This defect was not brought to the attention of the Court at the hearing. 8. The failure by the Respondent to attend Court can be explained this way: the Hearing Notice gave the wrong place of trial. 9. It is pointless therefore, to prepare and deliver an ex parte Judgment which will be challenged on this strong ground of improper service of the Hearing Notice. The Claimant ought to have brought this defect

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