[2022] KEELRC 89 (KLR)
The court found that errors had affected the matter from the time it was scheduled for defence hearing to its dismissal. Both parties failed to appear on several occasions, but the applicant demonstrated efforts to have the matter heard and provided explanations for his absence, including the impact of the Covid-19...
Source-derived case information.
- Citation
- [2022] KEELRC 89 (KLR)
- Parties
- Applicant: Isaiah Odhiambo Okoth; Respondent: New Kenya Co-operative Creameries Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1767 of 2015
- Procedural Posture
- Review Application / Ruling on Application to Set Aside Dismissal and Reinstate Suit
- Outcome
- Application allowed; suit reinstated and set for mention for defence hearing date allocation.
- Judges
- Nzioki wa Makau
- Legal Topics
- Reinstatement of Suit, Dismissal for Non Attendance, Review of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaiah Odhiambo Okoth
Applicant
New Kenya Co-operative Creameries Ltd
Respondent
Procedural Posture
Review Application / Ruling on Application to Set Aside Dismissal and Reinstate Suit
Legal Issues
- 1 Whether the dismissal of the suit for non-attendance should be reviewed and set aside.
- 2 Whether the suit should be reinstated and set down for hearing.
Ratio Decidendi
The court found that errors had affected the matter from the time it was scheduled for defence hearing to its dismissal. Both parties failed to appear on several occasions, but the applicant demonstrated efforts to have the matter heard and provided explanations for his absence, including the impact of the Covid-19 pandemic and attempts to communicate with the court. In the interests of justice, and since the claimant's case had already been closed, the court exercised its discretion to reinstate the suit and set it down for mention before another court for allocation of a defence hearing date. Costs of the application were ordered to be in the cause.
Court Disposition
Application allowed; suit reinstated and set for mention for defence hearing date allocation.
Orders
- The dismissal of the suit on 17th March 2021 is reviewed and set aside.
- The suit is reinstated and set for mention before any other court to allocate a date for defence hearing.
Full Case Text
Judgment text and source record
18 paragraphs
Okoth v New Kenya Co-operative Creameries Ltd (Cause 1767 of 2015) [2022] KEELRC 89 (KLR) (Employment and Labour) (27 April 2022) (Ruling)
Neutral citation: [2022] KEELRC 89 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause 1767 of 2015
Nzioki wa Makau, J
April 27, 2022
Between
Isaiah Odhiambo Okoth
Applicant
and
New Kenya Co-operative Creameries Ltd
Respondent
Ruling
1. The Claimant through his Notice of Motion application dated 19th January 2022 seeks that the dismissal of the suit on 17th March 2021 be reviewed and set aside and that the suit be set down for hearing with costs being in the cause. The grounds for the application are set out on the face of the motion and these are that the case was part heard before Radido J. and that the Covid-19 pandemic hampered further hearing. It is asserted that the case was scheduled for hearing on 17th March 2021 at the instance of the Claimant who duly served the Respondent. Counsel for the Claimant states that the advocate was ready to proceed though he had several matters in other courts and instructed an advocate to hold his brief and seek for time allocation. He asserts that he was led to believe the matter was stood over generally and that he had written several letters to the Court seeking to set down the case for hearing.
2. The case is one where errors have visited the matter from the date it was scheduled for defence hearing to the dismissal before this Court. The Claimant did not appear, nor did the Respondent, on 3rd June 2020, 13th October 2020 and 17th March 2021. The fact that the Claimant was not present is cause for concern. However, since the Claimant’s case was closed, the case is to be reinstated and set for mention before any other Court to allocate a date for defence hearing. Costs of this application shall be costs in the cause.
It is so ordered.
DATED AND DELIVERED AT NAIROBI THIS 27THDAY OF APRIL 2022Nzioki wa MakauJUDGE