Kapule v Milly Class Works Limited (Cause 640 of 2016) [2025] KEELRC 46 (KLR) (23 January 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 46
- Citation
- [2025] KEELRC 46 (KLR)
- Decided
- 23 January 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabour DisputePostureAppeal from a previous dismissal of the claimant's suitCoramM MBARŨ
Holding
The court finds no sufficient cause to reinstate the dismissed suit and dismisses the claimant's application with costs to the respondent
Facts
The claimant filed a suit in 2016, represented by different advocates over the years, and the case was dismissed for non-attendance. The claimant filed an application to reinstate the suit, which was denied.
Issues
- Whether the claimant has a valid reason to reinstate the suit after it was previously dismissed
- Whether the claimant has diligently followed up with his advocates
Reasoning
The claimant's delay in prosecuting the case and lack of diligence in following up with his advocates is not justifiable, and the court has already addressed the same issues in a previous ruling.
Outcome
The claimant's application is dismissed
Orders
- The claimant's application is dismissed with costs to the respondent
Authorities cited
Cases cited (4)
- Floris Pierro & Midland Company Limited v Giancarlo Falasconi (as the administrator of the estate of Santuzza Billioti alias Mei Santuzza) [2014] KECA 827 (KLR)
- John Elias Kirimi v Martin Maina Nderitu, City Council of Nairobi, Margaret Wanjiru Ngarachu, Commissioner of Lands & Attorney General [2019] KEELC 2380 (KLR)
- Julius Mbaabu Marete v Tom Ayora, Nyeri Shuttle Limited, Kinyua Monicah & Mchezo Coaches Limited [2018] KEHC 5791 (KLR)
- Kakunia v Ndung'u practising as Annie W Thoronjo & Co Advocates [2023] KEHC 17324 (KLR)
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.
Loading judgment…