James Mbarwa Dudah & 3 others (Suing on behalf of themselves & 82 others v Attorney General & 2 others [2019] KEELRC 654 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 654
- Citation
- [2019] KEELRC 654 (KLR)
- Decided
- 11 October 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabour DisputePostureAppeal from dismissal of suitCoramRadido Stephen
Holding
The dismissal of the suit was in error and the motion to review and set aside the dismissal order is allowed.
Facts
The case was initially dismissed on 6 April 2017 due to the absence of the Claimants. The Claimants moved to review and set aside the dismissal order on 17 April 2019, citing negligence of previous advocates, lack of notice, and misrepresentation.
Issues
- Whether the dismissal of the suit was in error
- Procedure to be followed in the absence of the Claimants
Reasoning
The court found that the dismissal was premature as the Claimants had closed their case on 23 January 2015, and the Respondents were not ready to proceed with the hearing on the date of dismissal.
Outcome
Motion to review and set aside the dismissal order is allowed
Orders
- Allow the motion dated 16 April 2019
- Direct the firm of Githongori & Harrison Associates Advocate to apply to formalise their representation of the Claimants
- Direct that the file be placed before the Principal Judge to allocate a judge to take the Respondents' case
Remedies
- Allowance of the motion to review and set aside the dismissal order
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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