[2018] KEELRC 2192 (KLR)
The court found that the application for review was filed after an inordinate delay of six years and by counsel not properly on record. The applicant failed to provide a satisfactory explanation for the delay or for the failure to prosecute the case. The court held that there was no merit in the application for...
Source-derived case information.
- Citation
- [2018] KEELRC 2192 (KLR)
- Parties
- Applicant: Martin Ndegeyo Mugaya; Respondent: K-Rep Bank Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 202 of 2011
- Procedural Posture
- Review Application / Ruling on Application for Review of Dismissal Order
- Outcome
- application dismissed
- Judges
- HS Wasilwa
- Legal Topics
- Dismissal for Non Attendance, Review of Court Orders, Advocate on Record, Delay in Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Martin Ndegeyo Mugaya
Applicant
K-Rep Bank Limited
Respondent
Procedural Posture
Review Application / Ruling on Application for Review of Dismissal Order
Legal Issues
- 1 Whether the application for review of the dismissal order is merited given the delay of six years.
- 2 Whether the firm of Isoe Nyakwara Associates and Company Advocates is properly on record for the applicant.
- 3 Whether the failure to prosecute the case was excusable.
Ratio Decidendi
The court found that the application for review was filed after an inordinate delay of six years and by counsel not properly on record. The applicant failed to provide a satisfactory explanation for the delay or for the failure to prosecute the case. The court held that there was no merit in the application for review and dismissed it accordingly.
Court Disposition
application dismissed
Orders
- The application for review dated 22nd February 2017 is dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 202 OF 2011
Before Hon. Lady Justice Hellen S. Wasilwa on 22nd February 2018
MARTIN NDEGEYO MUGAYA ………..………….CLAIMANT/APPLICANT
VERSUS
K-REP BANK LIMITED ……….....……….…………………….RESPONDENT
RULING
1. The Application in Court is the one dated 22nd February 2017 and filed in Court on 21st February 2017. The Application was filed by the Applicant Claimant herein through a Notice of Motion filed under Section 1A and 3A of the Civil Procedure Act, Cap 21, Order 12 rules 3 and 7 and Order 51 rule 1 of the Civil Procedure Rules (2010) and all other enabling provisions of the law.
2. The Applicant seeks review of the orders made on 27th July 2011 by Hon. Justice James Rika dismissing this suit. The application sought to allow the firm of Isoe Nyakwara Associates and C`ompany Advocates to come on record for the Claimant/Applicant.
3. The Applicant has averred that the failure to prosecute his case which lead to its dismissal was occasioned by his Advocates who failed to inform him when the case was coming up and hearing on 27th July 2011 and also failed to attend Court. This case was dismissed on 27th July 2011 when the Applicant Claimant failed to attend Court. The Applicants have chosen to file an application for review after 6 years.
4. The application is filed by Counsel who are not properly on record and after an ordinately long time. I do not find any merit in this application and I dismiss it accordingly.
Read in open Court this 22nd day of February, 2018.
HON. LADY JUSTICE HELLEN WASILWA
JUDGE
In the presence of:
Olao for Respondent – Present
Claimant – Absent