Kieha v Kofinaf Company Limited (Cause 1615 of 2016) [2023] KEELRC 2198 (KLR) (22 September 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2198
- Citation
- [2023] KEELRC 2198 (KLR)
- Decided
- 22 September 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an order dismissing the suit for want of prosecutionCoramAN MWAURE
Holding
The application is dismissed as the applicant has failed to justify the reason for review and has not shown any reasonable steps taken to ascertain the status of the case.
Facts
The applicant brought a suit against the respondent in 2016, which was referred to court-annexed mediation. The matter was dismissed for want of prosecution on September 28, 2021. The applicant sought to review the dismissal order.
Issues
- Whether the application to review, set aside and vary orders issued on September 28, 2021 is merited.
- Whether the application was filed after inordinate delay.
Reasoning
The court found that the applicant did not receive notice of the show cause order and has not provided evidence of any reasonable steps taken to ascertain the status of the case. The court also noted that the delay in filing the application was inordinate.
Outcome
The application is dismissed.
Orders
- The application to review, set aside and vary the orders issued on September 28, 2021 is dismissed.
- The costs of the application are not provided for.
Authorities cited
Legislation (2)
- Civil Procedure Act (Chapter 21 of the Laws of Kenya)
- Employment and Labour Relations Court Rules
Cases cited (2)
- Elosy Murugi Nyaga vs Tharaka Nithi County Government & Another [2020] eKLR
- Patrick Wanyonyi Khaemba v Teachers Service Commission & 2 others [2019] 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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