Moi University Co-Operative Savings & Credit Society Ltd v Wesley Kipkoech Tanui [2016] KEELRC 612 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 612
- Citation
- [2016] KEELRC 612 (KLR)
Summary at a glance
TypeCivilPostureAppeal from dismissal of claimCoramRadido Stephen
The Court dismisses the motion to set aside the dismissal order and reinstatement of the Cause, with costs.
Facts
The Claimant sued the Respondent for Kshs 945,000/- alleging theft due to the Respondent's dereliction of duty. The Claimant failed to serve the Notice of Summons and Statement of Claim within the required time, leading to multiple adjournments and dismissals.
Issues
- Validity of Summons
- Claimant's conduct after initial leave for substituted service
- Timeliness of reinstatement motion
Reasoning
The Court finds the Claimant's conduct unsatisfactory and lacks a clear interest in pursuing the claim. The Summons expired in 2014, and the Claimant did not seek an extension of its validity.
Outcome
Dismissed with costs
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