Oreri v China Road and Bridge Corporation Ltd (Cause 1691 of 2017) [2022] KEELRC 1260 (KLR) (8 July 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1260
- Citation
- [2022] KEELRC 1260 (KLR)
- Decided
- 8 July 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureRespondent's Application for dismissal of the claim for want of prosecutionCoramSC RUTTO
Holding
The court declines to dismiss the claim and grants the claimant an opportunity to prosecute her matter.
Facts
The claimant filed a claim on August 23, 2017, and the matter was last mentioned on September 25, 2019. The claimant has not taken any steps towards prosecution for two years.
Issues
- Whether the suit is liable for dismissal for want of prosecution
Reasoning
The court considers the claimant's proactive efforts to have the matter prosecuted and the impact of the pandemic on court operations. The court exercises discretion to allow the claimant to prosecute her matter.
Outcome
The claimant's application is dismissed with costs.
Orders
- The matter is listed for hearing on a priority basis
Remedies
- The claimant is granted an opportunity to prosecute her matter
Authorities cited
Legislation (3)
- Civil Procedure Act
- Employment and Labour Relations Court (Procedure) Rules, 2016
- Civil Procedure Rules, 2010
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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