Kimathi v Housing Finance Company of Kenya Ltd (Cause 629 of 2010) [2024] KEELRC 872 (KLR) (23 April 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 872
- Citation
- [2024] KEELRC 872 (KLR)
- Decided
- 23 April 2024
Summary at a glance
TypeReinstatement of dismissed suitPostureClaimant seeks to reinstate dismissed suit, Respondent opposesCoramJK GAKERI
The application is denied as the delay is prolonged and inexcusable, and the court is satisfied that justice cannot be done despite the delay.
Facts
Claimant was involved in a criminal case that was dismissed on 20th September, 2023. He filed a suit on 9th June, 2010, which was dismissed on 23rd January, 2018. The suit was reinstated on 12th June, 2017, but the Claimant did not attend the hearing on 18th December, 2017.
Issues
- Whether the Claimant’s Notice of Motion is merited
- Whether the delay in prosecuting the suit is prolonged and inexcusable
Reasoning
The court finds that the delay in prosecuting the suit is prolonged and inexcusable, and the Claimant has not provided evidence to justify the delay. The court also notes that the Claimant has unclean hands due to his second application for reinstatement.
Outcome
Denied
Orders
- The application is denied
- The costs of the application are in the cause
Authorities cited
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