James Muthaura Mwito v China Jiangxi International Kenya Limited [2021] KEELRC 267 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 267
- Citation
- [2021] KEELRC 267 (KLR)
Summary at a glance
TypeApplication to Set Aside Dismissal of SuitPostureClaimant seeks to set aside dismissal of application dated 4th February, 2020 and reinstate the suit for hearing on the merits.CoramM. MBAR?
The application is dismissed with costs to the respondent.
Facts
Claimant filed suit on 23rd September, 2015 and sought adjournment on 16th August, 2016. The suit was dismissed for non-attendance on 26th September, 2017. Claimant filed application dated 4th February, 2020 to reinstate the suit but was again absent. The claimant ignored the orders dismissing the application and served a hearing notice more than a year late.
Issues
- Whether the claimant has shown good cause to reinstate the suit
- Whether the claimant has attended court and followed up on hearing dates
Reasoning
The claimant has not shown good cause to reinstate the suit. The claimant has been absent from court since filing the suit in 2015 and has not provided any evidence of his whereabouts.
Outcome
Dismissed
Orders
- Application dismissed with costs to the respondent
Authorities cited
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