Francis Mwangi Chege v Shepherd Cateringlimited [2020] eKLR Case Summary

Court
Employment and Labour Relations Court at Nairobi
Category
Civil
Judge(s)
Hon. Justice Hellen S. Wasilwa
Judgment Date
October 01, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the 2020 case summary of Francis Mwangi Chege v Shepherd Catering Limited on eKLR. Delve into key legal insights and the court's judgment in this significant decision.

Case Brief: Francis Mwangi Chege v Shepherd Cateringlimited [2020] eKLR

1. Case Information:
- Name of the Case: Francis Mwangi Chege v. The Shepherd Catering Limited
- Case Number: Cause No. 1418 of 2015
- Court: Employment and Labour Relations Court at Nairobi
- Date Delivered: 1st October 2020
- Category of Law: Civil
- Judge(s): Hon. Justice Hellen S. Wasilwa
- Country: Kenya

2. Questions Presented:
The central legal issues in this case involve whether the default judgment entered against the Respondent should be set aside and if the Respondent should be allowed to defend the suit based on claims of inadvertent failure of representation by their counsel.

3. Facts of the Case:
The Claimant, Francis Mwangi Chege, initiated the case against The Shepherd Catering Limited, which had not attended a scheduled hearing on 15th October 2019, resulting in a default judgment against them on 15th January 2020. The Respondent's application to set aside the default judgment was based on claims that their advocates failed to record the hearing date properly and did not inform them of the proceedings. The Respondent argued that the mistakes of their advocate should not penalize them as litigants. The Claimant contended that the Respondent's failure to attend was deliberate and that they had been properly served with all necessary notices.

4. Procedural History:
The Respondent filed a Notice of Motion Application on 14th February 2020 seeking to set aside the default judgment. The Claimant responded with a Replying Affidavit asserting that the application was an afterthought and lacked merit. The Respondent then filed a Supplementary Affidavit, reiterating their position. The parties agreed to submit their arguments in writing.

5. Analysis:
- Rules: The court considered several provisions of the Civil Procedure Rules, including Order 10 Rule 11, which governs setting aside judgments. The court also referred to Section 1A, 1B, and 3 of the Civil Procedure Act, emphasizing the need for a fair trial and the importance of allowing parties to present their cases.
- Case Law: The Respondent cited cases such as *John Ndungu Njoroge v. George Waweru* and *Benson Nkaulo v. Samson Kaapei* to support their argument that mistakes by advocates should not harm innocent litigants. The Claimant referenced *Wachira Karani v. Bildad Wachira* and *Esther Wamaitha Njihia & 2 Others v. Safaricom Ltd* to argue that the court's discretion to set aside judgments should be exercised sparingly to avoid injustice.
- Application: The court evaluated the Respondent's claims about the failure of their counsel to attend the hearing. While acknowledging the potential truth in the Respondent's assertions, the court emphasized the importance of diligence and accountability in legal representation. The court ultimately found that reopening the case would prejudice the Claimant, who had been diligent in pursuing their claim.

6. Conclusion:
The court dismissed the Respondent's application to set aside the default judgment, concluding that allowing the Respondent to defend the suit would lead to a miscarriage of justice. The decision underscored the court's commitment to ensuring that litigation is concluded efficiently and fairly.

7. Dissent:
There were no dissenting opinions noted in this case.

8. Summary:
The ruling in *Francis Mwangi Chege v. The Shepherd Catering Limited* affirmed the principle that litigants must ensure their legal representatives are diligent in managing their cases. The court's dismissal of the Respondent's application to set aside the default judgment highlights the balance between allowing a fair trial and the need for finality in litigation. The implications of this decision reinforce the expectations placed on legal counsel and the consequences of their failures on their clients.

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