Mburu v Telkom Kenya Limited (Employment and Labour Relations Cause 504 of 2017) [2023] KEELRC 3394 (KLR) (20 December 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 3394
- Citation
- [2023] KEELRC 3394 (KLR)
- Decided
- 20 December 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour RelationsPostureAppeal from dismissal of claim for want of prosecutionCoramAN MWAURE, In Franklin
Holding
The application is not merited and dismissed
Facts
Claimant filed a Notice of Motion seeking to set aside the dismissal of her claim for want of prosecution, and to reinstate the main suit. She claimed she was not negligent in the prosecution of the claim and had kept in touch with her advocates.
Issues
- Whether the dismissal of the claim for want of prosecution should be set aside and the main suit reinstated
- Whether the delay in filing the motion was inexcusable
Reasoning
The claimant's delay in prosecuting the claim was inordinate and inexcusable, and she has not shown that she personally took initiative to be present in court or be kept abreast on the progress of the matter by her advocates.
Outcome
Application dismissed
Authorities cited
Cases cited (5)
- Franklin J. B. Chabari v Tharaka Nithi County Government & another [2019] eKLR
- Patel v EA Cargo Handling Services Ltd [1974] EA 75
- Mbogo v Shah [1968] EA 93
- Gold Lida Limited v Nic Bank Limited & 2 others [2018] eKLR
- Mbogo & another v Shah EALR 1908
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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