Libasia v J.C.B. Ventures Ltd (Cause 431 of 2015) [2022] KEELRC 477 (KLR) (10 March 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 477
- Citation
- [2022] KEELRC 477 (KLR)
- Decided
- 10 March 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from dismissal of suit for non-attendanceCoramAK NZEI, Apaloo
Holding
The dismissal order is set aside, and the Claimant is ordered to prosecute the suit within six months from the date of this ruling, failing which the suit shall stand dismissed. The Claimant is also ordered to pay ksh.10,000 in throwaway costs of the application.
Facts
The Claimant failed to attend the hearing of his suit on 3rd November 2021, leading to its dismissal. The Claimant subsequently filed a motion seeking to set aside the dismissal order.
Issues
- Whether the dismissal of the suit for non-attendance was justified
- Whether the Claimant was ready to proceed with the hearing on 3rd November 2021
Reasoning
The Court found that the Claimant was not ready to proceed with the hearing on 3rd November 2021, but the dismissal was not justified due to the current pandemic's impact on virtual proceedings.
Outcome
Appeal allowed
Orders
- dismissal order set aside
- Claimant to prosecute suit within six months
- Claimant to pay ksh.10,000 in throwaway costs
- case to be mentioned for hearing on 30/3/2022
Remedies
- prosecution of the suit within six months
- payment of ksh.10,000 in throwaway costs
Authorities cited
Legislation (2)
- Employment and Labour Relations Court (Procedure) Rule 2016
- Constitution of Kenya 2010
Cases cited (2)
- Civil Appeal No. 103 Of 1984 Philip Keipto Chemwolo & Another –vs- Augustine Kubende [1986] eKLR
- Josephat Muthui Muli –vs- Ezeetec Ltd [2014] 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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