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Richard Mwangi Muturi v Oserian Development Company Limited [2020] KEELRC 806 (KLR)

[2020] KEELRC 806 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
806
Citation
[2020] KEELRC 806 (KLR)
Decided
26 June 2020
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeLabor DisputePostureRespondent's Motion to Reinstate Abated SuitCoramONESMUS N. MAKAU
Application is incompetent and dismissed with costs.

Facts

Claimant died on 10.10.2016, his widow applied for succession and substitution, but the suit abated in October 2017.

Issues

  • Whether the application is fatally defective and incompetent
  • Whether the suit should be reinstated

Reasoning

Suit abated due to failure to apply for substitution within one year, and the application was brought prematurely.

Outcome

Application dismissed

Orders

  • Application dismissed with costs

Authorities cited

Legislation (2)
  • Civil Procedure Act
  • Order 24 Rule 7(2)
Cases cited (2)
  • Peterson Gichohi v. Maina Johana Miano [2016]eKLR
  • Rebecca Mijide Mungola & Another v Kenya Power & Lighting Co. Ltd. [2017]eKLR
⚠ 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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