Joseph Kipchumba Tororei v Catholic Diocese of Nakuru [2022] KEELRC 389 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 389
- Citation
- [2022] KEELRC 389 (KLR)
- Decided
- 31 March 2022
Summary at a glance
TypeLabour DisputePostureAppeal from dismissal for want of prosecutionCoramDAVID NDERITU
The Notice of motion is hereby allowed in terms of prayers (a) and (b) with no orders as to costs, and the cause shall be fixed for hearing on priority basis without further delay or unnecessary adjournments.
Facts
The Claimant filed a Notice of motion seeking reinstatement of the cause after the court dismissed it for want of prosecution. The Claimant explained the delay in prosecuting the cause due to a technical hitch in his counsel's gadgets.
Issues
- Whether the dismissal of the cause for want of prosecution should be overturned
- Responsibility for the delay in prosecuting the cause
Reasoning
The court dismissed the cause for want of prosecution, but the Claimant explained the delay due to a technical issue. The court considers the delay to be due to both parties and allows the reinstatement of the cause.
Outcome
Appeal allowed
Orders
- Notice of motion dated 26th October, 2021 is hereby allowed in terms of prayers (a) and (b) with no orders as to costs
- The cause shall be fixed for hearing on priority basis without further delay or unnecessary adjournments
Remedies
- Reinstatement of the cause
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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