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Muriuki v Skyline Services Limited (Cause 1476 of 2018) [2022] KEELRC 74 (KLR) (27 May 2022) (Ruling)

[2022] KEELRC 74 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
74
Citation
[2022] KEELRC 74 (KLR)
Decided
27 May 2022
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeApplication to dismiss claim for want of prosecutionPostureRespondent seeks dismissal of Claim for want of prosecution; Claimant opposesCoramJAMES RIKA
Holding

Application dismissed for want of prosecution

Facts

Claimant filed a claim on 2018, and the last active step taken was certifying the claim as ready for trial on 2019. The Respondent claims inordinate delay, while the Claimant claims illness and seeking medical care.

Issues

  1. Application law
  2. Prosecution of claim

Reasoning

Claimant's last active step was certifying the claim as ready for trial in 2019, and there is no evidence of illness or seeking medical care. The Court gives the Claimant a last opportunity to prosecute the claim.

Outcome

Application declined

Orders

  • Application dated 30th June 2021 filed by the Respondent is declined

Authorities cited

Legislation (2)
  • Civil Procedure Act
  • Employment and Labour Relations Court [Procedure] Rules, 2016
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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