[2019] KEELRC 2389 (KLR)
The court exercised its discretion to set aside the dismissal order after finding that the claimant had shown good cause and that no irreparable prejudice would be suffered by the respondent. The court emphasized the importance of determining matters on their merits and held that the interests of justice favored...
Source-derived case information.
- Citation
- [2019] KEELRC 2389 (KLR)
- Parties
- Applicant: Samuel Ochieng Lang'o; Respondent: Maya Duty Free Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2372 of 2012
- Procedural Posture
- Miscellaneous Application / Application to Set Aside Dismissal for Non Attendance
- Outcome
- Application allowed; suit reinstated.
- Judges
- NJ Abuodha, DI Wasike
- Legal Topics
- Reinstatement of Suit, Dismissal for Non Attendance, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Ochieng Lang'o
Applicant
Maya Duty Free Ltd
Respondent
Procedural Posture
Miscellaneous Application / Application to Set Aside Dismissal for Non Attendance
Legal Issues
- 1 Whether the court should set aside its previous order dismissing the suit for non-attendance.
- 2 Whether the applicant has shown good cause for reinstatement of the suit.
Ratio Decidendi
The court exercised its discretion to set aside the dismissal order after finding that the claimant had shown good cause and that no irreparable prejudice would be suffered by the respondent. The court emphasized the importance of determining matters on their merits and held that the interests of justice favored reinstatement of the suit. The application was therefore allowed, and directions were given for the matter to be mentioned before the Deputy Registrar for allocation of a hearing date.
Court Disposition
Application allowed; suit reinstated.
Orders
- The application to set aside the dismissal order is allowed.
- The parties are directed to cause the file to be mentioned at the earliest opportunity before the Deputy Registrar for allocation of a hearing date.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA
AT NAIROBI
CAUSE NO 2372 OF 2012
SAMUEL OCHIENG LANG’O.............................................CLAIMANT
VERSUS
MAYA DUTY FREE LTD..................................................RESPONDENT
RULING
1. By a motion dated 13th September, 2018 the claimant application sought the order of this court to set aside its previous order made on 18th April, 2018 dismissing the suit for non-attendance.
2. The application was opposed by the respondent who filed a replying affidavit through one Sheila Mbogo. A dismissal for non-attendance is a matter for the discretion of the court and where good cause is shown or the court in the interest of having the claim decided on merit would allow the application. No amount of prejudice incapable of compensation by an order on costs would be occasioned to the respondent if the application of such a nature were allowed.
3. The court therefore allows the application and hereby directs that the parties cause the file to be mentioned at the earliest opportunity before the Deputy Registrar for allocation of a hearing date.
4. It is so ordered.
Dated at Nairobi this 8th day of February, 2019
Abuodha Jorum Nelson
Judge
Delivered this 8th day of February, 2019
Abuodha Jorum Nelson
Judge
In the presence of:-
.................................................for the Claimant and
.....................................................for the Respondent.
Abuodha J. N.
Judge