Mark Gitenga Nyagwachi v Mimosa Pharmacy Limited [2019] KEELRC 757 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 757
- Citation
- [2019] KEELRC 757 (KLR)
- Decided
- 27 September 2019
Summary at a glance
TypeLabour DisputePostureAppeal from dismissal of claimCoramMaureen Onyango
The court reinstates the claimant's case and sets aside the dismissal order, but the claimant must pay respondent's costs and a Kshs.10,000 fine.
Facts
The claimant failed to attend a court hearing on October 24, 2018, due to a communication issue with his lawyer.
Issues
- Whether the court should reinstate the claimant's case after the dismissal for want of prosecution
- Whether the claimant's failure to attend was due to a mistake by his lawyer
Reasoning
The court considers the claimant's mistake and gives him a final opportunity to have his case heard, but also takes into account the respondent's prejudice.
Outcome
Reinstatement of the claimant's case
Orders
- Set aside the dismissal order
- Reinstatement of the claimant's case
- Hearing date to be determined
- Claimant to pay respondent's costs and a Kshs.10,000 fine
Remedies
- Reinstatement of the claimant's case
- Payment of respondent's costs and fine
⚠ 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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