[2019] KEELRC 1355 (KLR)
The court found that the claimant had shown sufficient remorse for failing to attend the scheduled show cause hearing. Exercising its discretion, the court determined that it was just to set aside the dismissal order and reinstate the suit, allowing the matter to proceed to hearing on a priority basis.
Source-derived case information.
- Citation
- [2019] KEELRC 1355 (KLR)
- Parties
- Applicant: William Onyango; Respondent: Ainsworth Primary School
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 24 of 2013
- Procedural Posture
- Miscellaneous Application / Application to Set Aside Dismissal Order
- Outcome
- Application allowed; dismissal order set aside; suit reinstated.
- Judges
- DI Wasike
- Legal Topics
- Dismissal for Want of Prosecution, Reinstatement of Suit, Court Discretion, Show Cause Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Onyango
Applicant
Ainsworth Primary School
Respondent
Procedural Posture
Miscellaneous Application / Application to Set Aside Dismissal Order
Legal Issues
- 1 Whether the order dismissing the suit for want of prosecution should be set aside.
- 2 Whether the claimant has provided sufficient cause for non-attendance at the show cause hearing.
Ratio Decidendi
The court found that the claimant had shown sufficient remorse for failing to attend the scheduled show cause hearing. Exercising its discretion, the court determined that it was just to set aside the dismissal order and reinstate the suit, allowing the matter to proceed to hearing on a priority basis.
Court Disposition
Application allowed; dismissal order set aside; suit reinstated.
Orders
- The order dismissing the suit for want of prosecution is set aside.
- The suit is reinstated and to be set down for hearing on a priority basis.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA
AT NAIROBI
CAUSE 24 OF 2013
WILLIAM ONYANGO.............................................................CLAIMANT
VERSUS
AINSWORTH PRIMARY SCHOOL..................................RESPONDENT
RULING
1. This is an application seeking the setting aside of the order of the court (Ndolo J) dismissing the suit herein for want of prosecution.
2. The matter was dismissed by the court on its own motion. The claimant has shown remorse for the omission to attend court when the matter was scheduled for show cause.
3. The court will exercise its discretion and allow the application and direct that the matter be set down for hearing on priority basis.
Dated at Nairobi this 14th day of June, 2019
Abuodha J. N.
Judge
Delivered this 14th day of June, 2019
Abuodha J. N.
Judge
In the presence of:-
..........................for the Claimant and
.............................for the Respondent.