Rufus Kithela Kobia v Kenya Tea Development Agency Limited [2019] KEHC 3969 (KLR)
- Court
- High Court of Kenya
- Case number
- 3969
- Citation
- [2019] KEHC 3969 (KLR)
- Decided
- 26 September 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from dismissal of suitCoramL. NJUGUNA
Holding
The application is dismissed with no orders as to costs, but the prayer to transfer the suit to the Employment and Labour Relations Court is allowed.
Facts
The plaintiff filed a suit against the defendant for wrongful termination of employment. The suit was dismissed on June 22, 2016, for want of prosecution. The plaintiff sought to reinstate the suit and transfer it to the Employment and Labour Relations Court.
Issues
- Whether the dismissal of the suit for want of prosecution is appealable
- Whether the plaintiff's delay in prosecuting the suit is excusable
Reasoning
The court dismissed the application as the plaintiff's delay in prosecuting the suit was not excusable and the decision to dismiss the suit was not a mistake by the plaintiff's advocate.
Outcome
Application dismissed with no orders as to costs, but the suit is transferred to the Employment and Labour Relations Court.
Orders
- The suit is transferred to the Employment and Labour Relations Court
Authorities cited
Cases cited (2)
- Lucy Bosire vs. Kehancha Div. Land Dispute Tribunal & 2 others
- Savings and Loans vs. Susan Wanjiru Muritu Nairobi Hcc No. 397/2002
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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