Jackson Kithimba v Rolmill Kenya Limited [2013] KEELRC 730 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 730
- Citation
- [2013] KEELRC 730 (KLR)
- Decided
- 20 June 2013
Summary at a glance
TypeIndustrial Dismissal CasePostureRespondent's Application for Dismissal of Suit for Want of ProsecutionCoramD.K.N. Marete
The application for dismissal of the suit is dismissed with no orders as to costs.
Facts
The claimant, Jackson Kithimba, filed a suit for unfair dismissal on August 4, 2012, seeking compensation of Ksh.101,250. The respondent, Rolmill Kenya Limited, applied for dismissal of the suit on April 16, 2013, citing non-appearance and consistent adjournments.
Issues
- Want of prosecution
- Indolence of the claimant
Reasoning
The court found that the claimant had not shown steadfast interest in the prosecution of the suit and had consistently made adjournments, but the time provisions of the law had not been flouted.
Outcome
Dismissal of the application
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