Daniel Mwaura Njihia v Mathare Youth Association & another [2019] KEELRC 753 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 753
- Citation
- [2019] KEELRC 753 (KLR)
- Decided
- 16 September 2019
Summary at a glance
TypeApplication to set aside dismissal of Notice of MotionPostureApplication to set aside dismissal of Notice of Motion for non-attendanceCoramHON. LADY JUSTICE HELLEN WASILWA
The application is allowed and the dismissed application is reinstated and admitted for hearing interpartes.
Facts
The 2nd Respondent filed an application under Certificate of Urgency seeking to have his name struck off from the claim for misjoinder. The application was dismissed for want of prosecution.
Issues
- Applicability of Civil Procedure Rules
- Reinstatement of dismissed application
Reasoning
The court finds no prejudice to the Claimant by allowing the application and reinstating the dismissed application.
Outcome
Application allowed, dismissed application reinstated and admitted for hearing.
Orders
- Reinstatement of the dismissed application
Remedies
- Reinstatement of the dismissed application and admission for hearing
Authorities cited
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