Newton Makutwa v Makokha Odende Godrick & 5 others [2019] KEELRC 1213 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1213
- Citation
- [2019] KEELRC 1213 (KLR)
- Decided
- 8 July 2019
Summary at a glance
TypeCompulsory Labour DisputePostureAppeal from dismissal for want of prosecutionCoramMathews N. Nduma
The application to set aside the dismissal order is meritorious and granted. The claimant is directed to cause the suit to be set down for hearing on the date of this ruling and prosecute the matter on the date set by the court.
Facts
The claimant filed a suit for unlawful dismissal on June 13, 2013, and the respondents filed a statement of defence. The suit was dismissed for non-prosecution on October 27, 2016. The claimant sought to set aside the dismissal order on October 10, 2018.
Issues
- Whether the dismissal of the suit for non-prosecution was valid
- Whether the application to set aside the dismissal order is meritorious
Reasoning
The claimant received the notice to show cause after the court had made its orders, violating the requirement of giving notice to parties to appear before the court.
Outcome
Application to set aside the dismissal order granted
Orders
- The suit is set down for hearing on the date of this ruling
- The claimant is directed to prosecute the matter on the date set by the court
Remedies
- Set aside the order dismissing the suit for want of prosecution
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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