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Patriotic Guards Ltd v. James Kipchirchir Sambu

(2017) JELR 94875 (CA)

Court of Appeal  •  Civil Application 240 of 2016 (Ur 192/2016)  •  24 Feb 2017  •  Kenya

Coram
Martha Karambu Koome, George Benedict Maina Kariuki, Sankale ole Kantai

Judgement

RULING OF THE COURT

The respondent James Kipchirchir Sambu, was employed by the applicant, Patriotic Guards Limited, as its Training Officer. That employment relationship fell out for various reasons and the respondent sued the applicant at the Employment and Labour Relations Court, Nairobi, seeking various remedies. A trial was conducted before Nzioka wa Makau, J., who in a judgment delivered on 3rd November, 2015 found for the respondent and entered a judgment for Kshs.3,568,210/= on various heads set out in the judgment. The hearing in that court was concluded without hearing the applicants defence because at the hearing, neither the applicant nor its advocate was present in court. The applicant filed an application to set aside that judgment but the same judge did not find merit with the application and dismissed it vide a ruling delivered on 21st December, 2015. The applicant filed a Notice of Appeal against that ruling and has filed an appeal being Civil Appeal No. 20 of 2016.

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