Chomba v Kenya Methodist University (Cause 445 of 2017) [2023] KEELRC 2404 (KLR) (5 October 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2404
- Citation
- [2023] KEELRC 2404 (KLR)
- Decided
- 5 October 2023
The dismissal order is set aside, and the suit is revived with the deceased's personal representative substituted as the applicant.
Facts
The suit was filed on 8/6/2017 and dismissed for want of prosecution on 1/12/2021. Over a year later, the deceased claimant's spouse filed a notice of motion seeking to revive the suit and substitute the deceased with the spouse as the applicant.
Issues
- Whether the court can set aside the dismissal order and revive the suit
- Whether the court can revive an abated suit
Reasoning
The court found that the dismissal order was made on a prosecuted suit and that the deceased had already died when the suit was dismissed. The court allowed the revival of the suit due to the deceased's spouse being prevented by sufficient cause from continuing the suit.
Outcome
The suit is revived with the deceased's personal representative substituted as the applicant.
Orders
- The order dated 1/12/2021 dismissing the suit for want of prosecution is set aside.
- The suit is revived.
- The deceased's personal representative, Fredrick Oduol Oduor, is substituted as the applicant.
Remedies
- The suit is revived with the deceased's personal representative substituted as the applicant.
Authorities cited
Legislation (2)
- Employment and Labour Relations Court Act 2014
- Civil Procedure Rules 2010
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