Douglas Maina Kamau v Kibirigwi Farmers Co-operative Society Limited [2019] KEELRC 1611 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1611
- Citation
- [2019] KEELRC 1611 (KLR)
- Decided
- 24 May 2019
Summary at a glance
TypeLabour DisputePostureRespondent/Applicant seeks to reopen Claimant's case due to counsel's inadvertenceCoramNzioki wa Makau
The application is dismissed with costs to the Claimant, and the matter will proceed to final submissions pending judgment.
Facts
The case was initially scheduled for hearing on 11 March 2019 but could not be reached due to the Respondent's counsel's absence. The matter was rescheduled for the next day, 12 March 2019. The Respondent's counsel was absent due to a hearing of an appeal.
Issues
- Whether the Respondent's counsel's absence was due to inadvertence
- Whether the Respondent is undeserving of the court's discretion to reopen the case
Reasoning
The court dismissed the application as the Respondent's counsel's absence was not due to inadvertence and the court found no basis to reopen the Claimant's case.
Outcome
Application dismissed
Orders
- Application dismissed with costs to the Claimant
⚠ 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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