Clifford Ochieng Abila v National Cereals and Produce Board [2021] KEELRC 2160 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2160
- Citation
- [2021] KEELRC 2160 (KLR)
- Decided
- 11 February 2021
Summary at a glance
TypeLabour DisputePostureAppeal from a final orderCoramMATHEWS N. NDUMA
The application is dismissed with costs as it is an abuse of court process.
Facts
The claimant filed a suit against the respondent for breach of contract and other related matters. The trial was deferred multiple times due to the respondent's failure to file a list of documents and the COVID-19 pandemic.
Issues
- Whether the respondent's application to set aside the order refusing to condone the respondent to file a list of documents was justified.
- Whether the application was an abuse of court process.
Reasoning
The court found that the respondent had been given ample opportunity to file the list of documents and had failed to do so for a period of four years. The application was deemed an abuse of court process due to the ongoing pandemic.
Outcome
Appeal dismissed
Orders
- The matter be set down before the Employment & Labour relations Court Judge at Kisumu for conclusion of the trial on priority basis.
⚠ 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.
Loading judgment…