John Waweru Njenga & 5 others v Motor Botique Limited [2020] eKLR Case Summary

Court
Employment and Labour Relations Court at Nairobi
Category
Civil
Judge(s)
Onesmus N. Makau
Judgment Date
October 22, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the case summary of John Waweru Njenga & 5 others v Motor Botique Limited [2020] eKLR, detailing key legal findings and implications from this significant ruling.

Case Brief: John Waweru Njenga & 5 others v Motor Botique Limited [2020] eKLR

1. Case Information:
- Name of the Case: John Waweru Njenga & Others v. Motor Boutique Limited
- Case Number: Cause No. 1707 of 2013 (Consolidated with Causes No. 1702, 1703, 1704, 1705, and 1706 of 2013)
- Court: Employment and Labour Relations Court at Nairobi
- Date Delivered: 22nd October 2020
- Category of Law: Civil
- Judge(s): Onesmus N. Makau
- Country: Kenya

2. Questions Presented:
The central legal question is whether the court should set aside the order dismissing the suit for non-attendance by the claimants and allow the case to proceed to hearing based on the claimants' explanation for their absence.

3. Facts of the Case:
The claimants, John Waweru Njenga and five others, filed a consolidated suit against their employer, Motor Boutique Limited, regarding employment-related grievances. The suit was partly heard on 23rd November 2018, but further proceedings were scheduled for 18th November 2019. On that date, the claimants and their counsel failed to attend due to an inadvertent clerical error where the court date was mistakenly recorded as 18th December 2019. The suit was subsequently dismissed for non-attendance. The claimants learned of the dismissal on 27th November 2019 and filed an application on 3rd December 2019 to reinstate the suit.

4. Procedural History:
The claimants' application to reinstate the suit was opposed by the respondent, who argued that the claimants failed to provide a sufficient explanation for their non-attendance. The claimants asserted that their absence was due to an honest mistake and sought to have the dismissal set aside. The court considered written submissions from both parties before making a ruling.

5. Analysis:
- Rules: The court considered Rule 22(2) of the Employment and Labour Relations Court Procedure Rules, which allows for dismissal of a suit due to non-attendance except for good cause. The court also referenced the principles established in previous cases regarding the exercise of discretion in setting aside ex parte judgments.
- Case Law: The court cited *James Kanyiita Nderitu & Another v. Mario Philotas Ghikas & Another* (2017) and *Shah v. Mbogo & Another* (1967) to emphasize that the court has discretion to set aside a judgment to avoid injustice resulting from an honest mistake.
- Application: The court found that the claimants had demonstrated a good cause for their failure to attend the hearing. The absence was attributed to a genuine clerical error rather than negligence. The court noted that the claimants acted promptly after learning of the dismissal and that the interests of justice favored allowing the case to proceed.

6. Conclusion:
The court ruled in favor of the claimants, setting aside the dismissal order and reinstating the suit for hearing. The court emphasized the importance of not penalizing the claimants for a mistake made by their counsel. The ruling underscores the court's commitment to ensuring access to justice.

7. Dissent:
There were no dissenting opinions noted in the ruling.

8. Summary:
The Employment and Labour Relations Court reinstated the claimants' suit against Motor Boutique Limited after determining that their failure to attend the hearing was due to an honest mistake. The decision highlights the court's discretion to prioritize justice over procedural technicalities, reinforcing the principle that litigants should not be unduly punished for errors made by their legal representatives. The claimants were ordered to pay throw-away costs to the respondent, reflecting the court's acknowledgment of the respondent's potential prejudice due to the delay.

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