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Denis Oriki Ombeta v East African Growers Limited (Cause 1280 of 2018) [2021] KEELRC 501 (KLR) (Employment and Labour) (11 November 2021) (Ruling)

[2021] KEELRC 501 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
501
Citation
[2021] KEELRC 501 (KLR)
Decided
11 November 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour RelationsPostureRespondent's Motion for dismissal of Claimant's claim for want of prosecutionCoramOmondi
Holding

The Claimant's claim is dismissed for want of prosecution

Facts

Claimant filed his claim on 2nd August 2018 and Respondent filed its response on 18th September 2018. No further action was taken until the Respondent filed a Motion for dismissal.

Issues

  1. Whether the Claimant has prosecuted his claim for want of prosecution
  2. Whether the Respondent has been prejudiced by the delay

Reasoning

The Claimant failed to take any action for a period exceeding one year since the Respondent filed its response. The delay is inordinate and inexcusable, and the Respondent has been prejudiced by the delay.

Outcome

Dismissal of the Claimant's claim

Orders

  • Claimant's claim is dismissed for want of prosecution

Authorities cited

Cases cited (2)
  • Rule 16 of the Employment and Labour Relations Court (Procedure) Rules
  • Wargan Wekesa Okumu v Dima College Limited & 2 others [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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