Ikambi v Revital Healthcare (EPZ) Limited (Appeal E111 of 2023) [2024] KEELRC 398 (KLR) (22 February 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 398
- Citation
- [2024] KEELRC 398 (KLR)
- Decided
- 22 February 2024
Summary at a glance
TypeAppealPostureAppeal from the dismissal of an application to reinstate a claimCoramM MBARŨ
The appeal is allowed, and the suit is reinstated on condition that the appellant secures a hearing date within 30 days. The respondent is awarded Kshs. 10,000 in costs.
Facts
The appellant's claim was initially filed in 2018 and was dismissed in 2023 due to non-attendance at a hearing scheduled for April 26, 2023. The appellant claims he was unaware of the hearing date and that the court assistant issued an incorrect date.
Issues
- Whether the appellant was desirous of prosecuting his claim
- Whether the failure to appear at the hearing was due to the court assistant's error
Reasoning
The court found that the appellant was not desirous of prosecuting his claim and that the failure to appear was due to the court assistant's error, not the appellant's fault.
Outcome
Appeal allowed, suit reinstated
Orders
- Suit reinstated in Mombasa CMELRC No. 112 of 2018
- Appellant to secure a hearing date within 30 days
Remedies
- Award of Kshs. 10,000 in costs to the respondent
Authorities cited
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