Anunda v Mjengo Limited (Cause 1809 of 2016) [2023] KEELRC 2083 (KLR) (27 July 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2083
- Citation
- [2023] KEELRC 2083 (KLR)
- Decided
- 27 July 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeApplication for setting aside dismissal and reinstatement of suitPostureRespondent opposed the applicationCoramOCHARO
Holding
The court dismissed the claimant's application as he failed to demonstrate a sufficient reason for his absence on the material day.
Facts
The claimant's suit was dismissed for want of prosecution on June 14, 2018, due to the absence of the claimant and his counsel. The claimant did not file an application for setting aside the dismissal until May 17, 2021, almost three years later.
Issues
- Whether the claimant's suit can be reinstated for hearing on merit
Reasoning
The court found that the claimant did not provide a sufficient reason for his counsel's absence on the hearing date, and the claimant's late submission of the misdiarization issue was not convincing.
Outcome
The application was dismissed
Authorities cited
Cases cited (1)
- Shah v Mbogo and Another [1967] EA 116
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.
Loading judgment…