Kenya Hotels and Allied Workers Union v Taratibu Bar and Restaurant [2020] eKLR Case Summary

Court
Employment and Labour Relations Court at Kisumu
Category
Civil
Judge(s)
Hon. Justice Mathews N. Nduma
Judgment Date
October 15, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the Kenya Hotels and Allied Workers Union v Taratibu Bar and Restaurant [2020] eKLR case summary, highlighting key legal principles and implications for workers' rights in the hospitality industry.

Case Brief: Kenya Hotels and Allied Workers Union v Taratibu Bar and Restaurant [2020] eKLR

1. Case Information:
- Name of the Case: Kenya Hotels and Allied Workers Union v. Taratibu Bar and Restaurant
- Case Number: Cause No. 419 of 2017
- Court: Employment and Labour Relations Court at Kisumu
- Date Delivered: 15th October 2020
- Category of Law: Civil
- Judge(s): Hon. Justice Mathews N. Nduma
- Country: Kenya

2. Questions Presented:
The central legal issues presented to the court involve:
1. Whether the applicant, Taratibu Bar and Restaurant, should be granted a stay of execution of the judgment and decree issued in favor of the claimant.
2. Whether the ex parte proceedings and judgment should be set aside to allow the applicant to defend the suit.

3. Facts of the Case:
The claimant, Kenya Hotels and Allied Workers Union, obtained a judgment against the respondent, Taratibu Bar and Restaurant, on 21st February 2019, awarding Kshs. 119,606 plus interest and costs. The respondent's director, Fanuel Lenox Okoth, filed an application on 29th July 2019, seeking to stay the execution of the judgment and set aside the ex parte proceedings. The respondent argued that the previous advocate failed to file a proper response to the memorandum of claim and did not communicate developments in the case, leading to the judgment being rendered without their participation. The claimant countered that the respondent was aware of the proceedings and had been served with notices and submissions prior to the judgment.

4. Procedural History:
The case progressed through the Employment and Labour Relations Court, where the respondent's application for stay and setting aside of the judgment was filed after the execution of the decree began. The claimant filed a replying affidavit arguing that the respondent had been aware of the proceedings and that the application was filed with inordinate delay. The court had to determine the merits of the application based on the timelines and the conduct of the parties involved.

5. Analysis:
- Rules: The court considered relevant provisions of the Civil Procedure Act and rules regarding the setting aside of judgments and the criteria for granting a stay of execution. The court also referenced Article 159 of the Constitution of Kenya, which emphasizes justice without undue technicalities.

- Case Law: The court evaluated previous cases that addressed similar issues of ex parte judgments and the responsibilities of legal representatives. The court emphasized the importance of diligence on the part of the parties in legal proceedings and cited cases that highlighted the necessity for parties to be proactive in their defense.

- Application: The court found that the applicant had been aware of the proceedings since January 2018 and had failed to act in a timely manner. The court noted that the applicant could not blame its former advocate for the delays, as it had been served with relevant court documents. The court concluded that the applicant did not demonstrate sufficient grounds for the exercise of discretion in its favor.

6. Conclusion:
The court dismissed the applicant's application for a stay of execution and to set aside the ex parte judgment, ruling that the applicant had not acted promptly and had not provided adequate justification for its delays. The decision underscores the importance of timely action in legal proceedings and the consequences of inaction.

7. Dissent:
There were no dissenting opinions noted in this case, as the ruling was unanimous.

8. Summary:
The Employment and Labour Relations Court ruled against Taratibu Bar and Restaurant, dismissing its application to stay execution and set aside the ex parte judgment in favor of Kenya Hotels and Allied Workers Union. This case highlights the significance of diligence in legal representation and the potential consequences of failing to engage actively in court proceedings. The ruling reinforces the principle that ignorance of the law or reliance on an advocate’s failure does not absolve a party from their legal responsibilities.

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