Peter Odhiambo Ogutu v Valley View Office Park Limited [2018] KEELRC 2279 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT

AT NAIROBI

CAUSE NUMBER 1918 OF 2014

PETER ODHIAMBO OGUTU.................................................CLAIMANT

VERSUS

VALLEY VIEW OFFICE PARK LIMITED.....................RESPONDENT

RULING

1. By a Notice of Motion dated 29th November, 2017 the respondent seeks that the ex parte judgement delivered on 17th June, 2016 be set aside. The applicant further sought stay of execution of the said judgement.

2. The application was supported by the affidavit of Simon Karuri who deponed among others that the respondent was never served.  He denied that the respondent had any guard by the name Samuel or an employee called Vincent.  He further stated that if service was effected, he would have been the one to receive the summons.   The claimant did not file any response to the application thereby leaving the applicants averments uncontested.

3. The right to be heard is a fundamental principle of natural justice which ought not to be deprived of unless for good cause.  The claimant can still enjoy the fruits of his judgement if successful after inter partes hearing.

4. The court therefore sets asides the ex-parte judgement and hereby directs that the respondent files and serves a memorandum of response within 21 days from the date of this order in default the ex-parte judgement shall stand reinstated and execution to proceed.

5. Upon filing the response, parties shall set the suit down for hearing afresh at the Registry.

6. It is so ordered.

Dated at Nairobi on this 16th day of February 2018

ABUODHA JORUM NELSON

JUDGE

Delivered on this 16th day of February 2018

In the presence of:-

……………………for the Claimant and

…………………….for the Respondent.

ABUODHA JORUM NELSON

JUDGE