Henry Waruku v Pride Kings Security [2020] KEELRC 1213 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1213
- Citation
- [2020] KEELRC 1213 (KLR)
Summary at a glance
TypeApplication to set aside, review and/or vacate the order issued on 3rd December 2018 dismissing the suitPostureApplication to set aside, review and/or vacate the order issued on 3rd December 2018 dismissing the suit
Application is dismissed with no order as to costs
Facts
The suit was filed on 27th October 2016 and dismissed for want of prosecution on 3rd December 2018. The applicant filed an application to set aside, review and/or vacate the order on 19th February 2019.
Issues
- Whether the delay to prosecute the case was intentional
- Whether the respondent will suffer prejudice if the orders to set aside are granted
- Whether the claimant has a strong case against the respondent
- Whether the respondent will suffer great loss if the case is not reinstated
Reasoning
The court notes the dismissal was more than two years from the date of filing suit and there has been no explanation for the delay. Reinstating the suit would amount to vexation and an injustice against the respondent.
Outcome
Dismissed
Orders
- Application is dismissed with no order as to costs
⚠ 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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