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Kaguongo v Co-operative Bank of Kenya Limited (Cause 1452 of 2018) [2024] KEELRC 664 (KLR) (15 March 2024) (Ruling)

[2024] KEELRC 664 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
664
Citation
[2024] KEELRC 664 (KLR)
Decided
15 March 2024
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeApplication for Dismissal of Claim for Want of ProsecutionPostureRespondent's Application for Dismissal of ClaimCoramJ RIKA
Holding

The Claim is dismissed for want of prosecution

Facts

Claim was filed on 16th November 2018 and the Respondent filed its Statement of Response on 4th December 2018. The Claim was certified ready for hearing on 10th July 2019. The Claimant has not taken any steps to prosecute the Claim since then.

Issues

  1. Whether the Claimant has failed to prosecute the Claim within the prescribed period
  2. Whether the Respondent was prevented from setting the Claim for hearing

Reasoning

The Claimant has not taken any steps to prosecute the Claim within the prescribed period of one year from the date of filing. The Claimant's inaction is not reasonable and justified.

Outcome

Claim dismissed

Orders

  • The Claim is dismissed for want of prosecution
  • Costs to the Respondent

Authorities cited

Legislation (2)
  • Civil Procedure Act and Rules
  • E&LRC [Procedure] Rules, 2016
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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