Mwabado v Surraj Purr Limited (Cause 367 of 2016) [2022] KEELRC 4110 (KLR) (29 September 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 4110
- Citation
- [2022] KEELRC 4110 (KLR)
- Decided
- 29 September 2022
Summary at a glance
TypeMotion to Set Aside Dismissal and Reinstatement of SuitPostureClaimant seeks to set aside dismissal and reinstate suitCoramAGNES KITIKU NZEI
The application is dismissed with costs
Facts
The suit was dismissed for want of prosecution on February 25, 2022, and the claimant filed an affidavit showing cause on November 25, 2021, but did not file it within the specified period.
Issues
- Whether the court can set aside a non-existent order
- Whether the suit should be reinstated
Reasoning
The court cannot set aside orders that do not exist, and the claimant did not file the required affidavit within the specified period.
Outcome
Application dismissed
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