Collins Mango Egesa v Superior Homes (K) Limited [2020] KEELRC 1065 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1065
- Citation
- [2020] KEELRC 1065 (KLR)
- Decided
- 22 May 2020
The Court will allow the application on terms, that is, the Claimant to pay the Respondent thrown away/wasted costs of Kshs 10,000/- within 10 days, in default, the application will stand dismissed.
Facts
The Claimant's advocate was not in court when the suit was called out for hearing in October 2018. The suit was dismissed. A year later, the Claimant filed an application to reinstate the suit, which was dismissed by the Deputy Registrar. The Claimant then filed another motion to set aside the dismissal and reinstate the suit.
Issues
- Diligence of the Claimant's advocate
- Court's discretion to reinstate a dismissed application
Reasoning
The Court found the Claimant's explanation that the Court did not follow the cause list was a red herring. The Court also noted that the Assistant who was in court did not swear any affidavit, and it was not clear why the Assistant did not request any of the advocates to hold brief.
Outcome
Appeal dismissed
Orders
- Claimant to pay Respondent Kshs 10,000/- within 10 days, otherwise the application will stand dismissed
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