Esther Kerubo Manoti v Kenya Commercial Bank Limited [2016] KEELRC 1134 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1134
- Citation
- [2016] KEELRC 1134 (KLR)
- Decided
- 31 May 2016
Summary at a glance
TypeApplication for dismissal of claim for want of prosecutionPostureRespondent seeks dismissal of Claimant's claim for want of prosecutionCoramLINNET NDOLO
The application is declined and the Claimant's case is saved for hearing on merit
Facts
Claimant's claim was filed on 6th October 2010 and adjourned multiple times due to court inactivity. Claimant has not taken any steps towards setting the claim down for hearing.
Issues
- Whether there has been inordinate and inexcusable delay in prosecuting the claim to warrant dismissal for want of prosecution
- Whether the delay has compromised the evidence of the parties
Reasoning
The Court considers the delay to be not inordinate and inexcusable, and exercises discretion to hear the case on merit rather than dismissing it for want of prosecution.
Outcome
Application declined
Orders
- Fix the main claim for hearing on a day-to-day basis
Authorities cited
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