Paul Jura Opapa v Kenya Ordinance Factories Corporation [2020] KEELRC 89 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 89
- Citation
- [2020] KEELRC 89 (KLR)
- Decided
- 17 December 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeApplication to set aside dismissal for want of prosecutionPostureApplication dismissed with no order as to costsCoramMATHEWS N. NDUMA
Holding
The application lacks merit and is dismissed with no order as to costs
Facts
The applicant's advocate was terminally ill from May 2015 until his death on July 2, 2018. The applicant failed to take any steps in the matter for four years after the filing, and the matter was dismissed for want of prosecution. A notice of change of advocate was filed more than a year after the dismissal.
Issues
- Whether the applicant's failure to prosecute the suit was due to the death of his advocate
- Whether the court should exercise its discretion to reinstate the matter
Reasoning
The applicant did not provide a justifiable reason for the delay and the application is opposed by the respondent. The dismissal of the suit and closure of the file served to decongest the court system.
Outcome
Dismissed with no order as to costs
Authorities cited
Cases cited (1)
- Abdulbasit Mohamed Dahman & Another –vs- Fidelity Commercial Bank Limited (2016) eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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