Joseph Gachanja Ngari v Ark Limited [2019] KEELRC 441 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 441
- Citation
- [2019] KEELRC 441 (KLR)
- Decided
- 5 November 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeApplication to Set Aside Dismissal OrderPostureClaimant seeks to set aside dismissal order for non-attendance on 31st January 2019CoramNzioki wa Makau
Holding
The motion is not fit for grant and is dismissed
Facts
The Claimant failed to attend court on 31st January 2019, leading to the dismissal of his suit. The Claimant now seeks to reinstate the suit due to inadvertent failure to diarize the matter.
Issues
- Whether the Claimant's failure to attend court was excusable
- Whether the delay in filing the application for reinstatement was justified
Reasoning
The Claimant was aware of the precarious position of his suit and was given a last chance to attend court. The failure to diarize the matter and the lack of diligence in pursuing the case are considered excusable mistakes.
Outcome
Motion dismissed
Authorities cited
Cases cited (2)
- Mbogo & Another v Shah (1968) EA 93
- Pithon Waweru Maina v Thuku Mugiria (1983) KLR 78
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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