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Elijah Toret Kilakoi v Olkejuado Water and Sewerage Company [2021] KEELRC 344 (KLR)

[2021] KEELRC 344 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
344
Citation
[2021] KEELRC 344 (KLR)
Decided
19 November 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLabour DisputePostureApplication for reinstatement of dismissed suitCoramSTELLA RUTTO
Holding

The court reinstates the suit and directs it to be listed for hearing on a priority basis.

Facts

The applicant was dismissed for want of prosecution by the court on June 17, 2021, due to the absence of both parties. The applicant filed a Notice to Show Cause on March 12, 2021, and a Replying Affidavit on June 4, 2021.

Issues

  1. reinstatement of the dismissed suit
  2. substantive justice

Reasoning

The court finds that the applicant has plausible reasons to justify reinstatement of the suit, serving substantive justice and avoiding arbitrary dismissal.

Outcome

Reinstatement of the suit

Orders

  • reinstatement of the suit
  • priority hearing

Remedies

  • substantive justice

Authorities cited

Legislation (1)
  • Civil Procedure Act
Cases cited (1)
  • John Nahashon Mwangi v Kenya Finance Bank Limited (in Liquidation) [2015] 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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