John Katiwa v Ark Construction Company [2020] KEELRC 1781 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1781
- Citation
- [2020] KEELRC 1781 (KLR)
- Decided
- 24 January 2020
Summary at a glance
TypeCivilPostureRespondent's Motion to Dismiss for Want of ProsecutionCoramONESMUS MAKAU
The court dismisses the respondent's motion to dismiss the suit for want of prosecution.
Facts
The claimant filed a suit against the respondent on 27.1.2018. The respondent filed her defence on 21.2.2018, which was out of time. The claimant opposed the motion, stating that he had appointed a new counsel and was ready for hearing.
Issues
- Whether the suit should be dismissed for want of prosecution
Reasoning
The court found that the claimant had applied for pretrial direction on 27.1.2018, and the respondent had not filed her defence. The court concluded that the delay was caused by the respondent's late filing of her defence and not the claimant.
Outcome
Dismissed
Orders
- The suit be dismissed for want of prosecution.
- Costs of the suit and the motion be awarded to the claimant.
⚠ 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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