Muli v Laboratory & Allied Limited (Cause 1679 of 2016) [2023] KEELRC 2335 (KLR) (5 October 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2335
- Citation
- [2023] KEELRC 2335 (KLR)
- Decided
- 5 October 2023
Summary at a glance
TypeApplication to Set Aside Dismissal for Want of ProsecutionPostureClaimant seeks to reinstate dismissed claimCoramNDOLO
The application is allowed, the dismissal order is set aside, and the claim is reinstated for trial on merit
Facts
Claimant's claim was dismissed for want of prosecution on January 27, 2022. She claims she was incapacitated due to COVID-19 and had a breakdown in communication with her former counsel.
Issues
- Whether the dismissal of the claim for want of prosecution was justified
- Whether the delay in prosecution was due to the Claimant's illness and lack of communication with her counsel
Reasoning
The court finds that the delay in prosecution was explained and the Claimant's efforts to contact her counsel were documented
Outcome
Claim reinstated for trial on merit
Orders
- Dismissal order set aside
- Claim reinstated for trial on merit
Remedies
- Costs of the application will be in the cause
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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