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Onsongo v A. Jiwa Shanji Limited (Cause 29 of 2019) [2022] KEELRC 1727 (KLR) (19 May 2022) (Ruling)

[2022] KEELRC 1727 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1727
Citation
[2022] KEELRC 1727 (KLR)
Decided
19 May 2022
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureAppeal from a previous rulingCoramMumbi Ngugi, ONESMUS N MAKAU
Holding

The application is dismissed as it lacks merit due to the claimant's failure to demonstrate sufficient cause for not attending court.

Facts

The claimant, Michael Onsongo, filed a notice of motion seeking various remedies, including a declaration that the respondent, A. Jiwa Shanji Limited, had committed an error. The respondent claimed that the claimant and his counsel had failed to attend court on November 22, 2021.

Issues

  1. Whether the respondent's counsel's error should be visited on the claimant
  2. Whether the claimant's failure to attend court on November 22, 2021 was due to lack of interest in prosecuting the suit

Reasoning

The court held that the claimant's counsel's inaction was not the claimant's fault, but the claimant failed to show sufficient cause for not attending court.

Outcome

The application is dismissed

Orders

  • The claimant will pay costs of the application to the respondent
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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