Manaseh Munialo Wandabwa v National Housing Corporation [2018] KEELRC 2415 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2415
- Citation
- [2018] KEELRC 2415 (KLR)
- Decided
- 16 February 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabour DisputePostureRespondent's Motion to Dismiss for Want of ProsecutionCoramRadido Stephen
Holding
The Respondent's motion to dismiss for want of prosecution is dismissed with no order as to costs.
Facts
Claimant sued the Respondent for unfair dismissal on 17 June 2015. Respondent moved to dismiss the claim for want of prosecution on 23 November 2017.
Issues
- Whether the Respondent's motion to dismiss for want of prosecution should be granted.
- Whether the Claimant's delay in setting the cause for hearing constitutes want of prosecution.
Reasoning
The Court notes that the Respondent has not complied with the Rules of the Court regarding pre-trial processes. The Court also considers that the delay, if any, is due to court constraints beyond the parties and the staff of the Court.
Outcome
Motion to dismiss for want of prosecution dismissed.
Orders
- Respondent to file and serve witness statements and documents to be relied upon before 28 February 2018.
- Agreed Issues to be filed before 30 March 2018.
- If Agreed Issues are not filed, Claimant to file Proposed Issues before 15 April 2018 for adoption by the Court.
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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