Kenya Concrete, Structural, Ceramic Tiles Wood Plys and Interior Design Workers Union v Timsales Limited (Cause E350 of 2022) [2025] KEELRC 2265 (KLR) (31 July 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2265
- Citation
- [2025] KEELRC 2265 (KLR)
- Decided
- 31 July 2025
Summary at a glance
TypeLabor DisputePostureAppeal from a decision to dismiss the claim for want of prosecutionCoramNDOLO
The Court allows the Claimant a final opportunity to regularize its pleadings and notes that the period for substitution had since lapsed, and extension of time has not been sought.
Facts
The sole Grievant in the claim passed away, leaving dependants who are indigent. The dependants were unable to raise necessary fees for letters of administration ad litem, but had since received assistance and the application has been lodged.
Issues
- Substitution of the deceased Grievant
- Delay in filing the necessary application for letters of administration ad litem
Reasoning
The Court considered the response filed by the Claimant and noted the reason for the delay in substituting the Grievant. The Court allowed the Claimant a final opportunity to regularize its pleadings.
Outcome
The claim is allowed a final opportunity to regularize its pleadings and the Court notes the delay in filing the necessary application for letters of administration ad litem.
Orders
- Allow the Claimant a final opportunity to regularize its pleadings
- Once the letters of administration ad litem are received, the Claimant may move the Court for any required enlargement of time
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