Cattermole v Henkel Chemicals (EA) Limited (Cause 1475 of 2018) [2024] KEELRC 825 (KLR) (4 April 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 825
- Citation
- [2024] KEELRC 825 (KLR)
- Decided
- 4 April 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabour DisputePostureAppeal from a decision to dismiss a claim for want of prosecutionCoramNDOLO
Holding
The Court directs that the Claimant will pay costs to the Respondent to be assessed by a Taxing Master in the normal manner.
Facts
The Claimant, David Cattermole, sought dismissal of his claim for want of prosecution. The Respondent, Henkel Chemicals (EA) Limited, sought costs. The Claimant withdrew the claim.
Issues
- Costs following the event
- Right to withdraw a matter pending in court
Reasoning
The Court found that the Claimant chose to withdraw the claim and did not provide reasons for departing from the general principle that costs follow the event. The Court also noted the Claimant's failure to respond to the Respondent's application for dismissal of the claim for want of prosecution.
Outcome
The Claimant is ordered to pay costs to the Respondent.
Orders
- The Claimant will pay costs to the Respondent to be assessed by a Taxing Master in the normal manner.
Authorities cited
Cases cited (2)
- Joseph Oduor Anode v Kenya Red Cross Society [2012] eKLR
- Nicholas Kiptoo Arap Salat v Independent Electoral and Boundaries Commission & 7 others [2014] eKLR
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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