David v Colindale Security Limited (Employment and Labour Relations Cause 1943 of 2016) [2023] KEELRC 2786 (KLR) (31 October 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2786
- Citation
- [2023] KEELRC 2786 (KLR)
- Decided
- 31 October 2023
Summary at a glance
TypeReinstatement of dismissed employment casePostureClaimant seeks reinstatement of dismissed caseCoramMA ONYANGO
The court allows the application and directs the claimant to take a date for directions within the next 30 days with a view to fixing the case for hearing on priority basis.
Facts
Claimant filed the case in 2016 and was dismissed for want of prosecution on May 10, 2021. Claimant claims he made a bona fide mistake due to the pandemic.
Issues
- Whether there is a basis for the court to exercise its discretion to set aside the order of May 10, 2021 and reinstate the suit
Reasoning
The court exercises its inherent power to avoid injustice or hardship resulting from a bona fide mistake, but not for a deliberate delay.
Outcome
Application granted
Orders
- Claimant to take a date for directions within the next 30 days with a view to fixing the case for hearing on priority basis
Authorities cited
⚠ 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.
Loading judgment…