Kathangani v Teachers Service Commission (Cause 1476 of 2016) [2023] KEELRC 1093 (KLR) (19 April 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1093
- Citation
- [2023] KEELRC 1093 (KLR)
- Decided
- 19 April 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeApplication to reinstate dismissed suitPostureClaimant seeks to reinstate dismissed suitCoramNZIOKI WA MAKAU
Holding
Application dismissed, albeit with no order as to costs
Facts
The suit was initially dismissed for want of prosecution, and the Claimant/Applicant seeks to have it reinstated.
Issues
- Whether the Claimant's failure to attend court was due to a mistake of his previous advocate
- Whether the Claimant has arguable grounds for the reinstatement of the suit
Reasoning
The Court finds that the Claimant was not diligent in prosecuting the suit and that there was no excusable mistake or error. The suit has been in the Court system for over 6 years, and the Court is not convinced that it is one for saving.
Outcome
Application dismissed
Authorities cited
Cases cited (1)
- Ceres Estate Limited v Kieran Day & 4 others [2013] 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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