Peter Muendo Kiilu v Survo General Works (Cause 692 of 2013) [2019] KEELRC 2373 (KLR) (Employment and Labour) (4 February 2019) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2373
- Citation
- [2019] KEELRC 2373 (KLR)
- Decided
- 4 February 2019
Summary at a glance
TypeApplication to Set Aside DismissalPostureApplication to reinstate dismissed caseCoramHON. LADY JUSTICE HELLEN WASILWA
The application is allowed, but the applicant should set down the case for hearing within 90 days. If not, the case will stand dismissed for want of prosecution again.
Facts
The case was dismissed for want of prosecution on 24/7/2018, and the applicant sought to reinstate the case.
Issues
- Whether the dismissal was without hearing the applicant
- Whether the delay in prosecuting the matter was due to circumstances beyond the applicant's control
Reasoning
The court finds the application merited due to the delay in service of the notice and the applicant's intention to prosecute the matter.
Outcome
Application allowed, case set for hearing within 90 days
Orders
- Allow the application to reinstate the dismissed case
- Set the case for hearing within 90 days
- If not set for hearing within 90 days, the case will stand dismissed for want of prosecution again
Remedies
- Allowance of the application
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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