Director General, National Employment Authority v Al Hujra Agencies Limited (Civil Application E185 of 2020) [2022] KECA 379 (KLR) (4 March 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 379
- Citation
- [2022] KECA 379 (KLR)
- Decided
- 4 March 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureAppeal from a dismissal of an application for reinstatementCoramR. N. NAMBUYE, HANNAH OKWENGU, A. MBOGHOLI MSAGHA
Holding
The court grants the applicant's request to reinstate the application and orders that the application be re-heard urgently.
Facts
The applicant filed a Notice of Motion on June 7, 2021, seeking various reliefs. The application was dismissed for non-attendance on November 29, 2021. The applicant now seeks reinstatement due to a misquoted email address in the hearing notice.
Issues
- Whether the court should exercise its discretion to reinstate the applicant's application for non-attendance
- Whether the applicant's non-attendance was due to a reasonable and plausible reason
Reasoning
The court finds that the applicant provided a reasonable and plausible reason for non-attendance and there is no prejudice to the respondent if the application is reinstated.
Outcome
The application for reinstatement is granted.
Orders
- To reinstate the applicant's Notice of Motion application dated 7th June, 2021
- To order that the applicant's Notice of Motion application dated 7th June, 2021 be re-heard urgently
- To order that appropriate orders be issued in respect thereof before the 17th December, 2021
Remedies
- To reinstate the applicant's Notice of Motion application dated 7th June, 2021
- To order that the applicant's Notice of Motion application dated 7th June, 2021 be re-heard urgently
- To order that appropriate orders be issued in respect thereof before the 17th December, 2021
Authorities cited
Legislation (3)
- Constitution of Kenya, 2010
- Appellate Jurisdiction Act
- Court of Appeal Rules, 2010
Cases cited (5)
- Rachel Mukami Ngugi vs. Mercy Wanjiru Thogo [2021] KECA 88 (KLR)
- Richard Nchapi Leiyagu vs. IEBC & 2 Others [2013] eKLR
- Jaldesa Tuke Dabelo vs. IEBC & Another [2015] eKLR
- Kasturi Limited vs. Nyeri Wholesalers Limited [2014] eKLR
- Joseph Kinyua vs. G. O. Ombachi [2019] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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