Collective Bargaining Advisory Centre v Ministry for Labour and Human Resource Development & 4 others [2015] KEELRC 1013 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the dismissal for want of prosecution should be set aside on grounds of excusable mistake of counsel
No - the Petitioner did not explain its absence from two hearings, and the delay of 16 months was unexplained
The court applied the Shah v Mbogo, Patel and CMC Holdings principles: discretion to set aside exists to avoid injustice from accident, inadvertence or excusable mistake, not to reward indolence. Assuming confusion over case numbers and counsel's lack of notice, the Petitioner's absence at hearings on 8th May and 20th May 2013 remained unexplained, and both progressions of the matter were at the Interested Party's instance.
Whether Rika J.'s dismissal of the petition was a proper exercise of discretion
Yes - the dismissal was neither wrong in principle nor perverse
Relying on CMC Holdings v Nzioki, an appellate or review court will not interfere with a discretionary decision unless it was exercised wrongly in principle or perversely on the facts. The court found Rika J. made a proper determination that the petition was ripe for dismissal, and the Petitioner's arguments and precedent did not dislodge that exercise of discretion.
Legal principles established
#- The principles for setting aside ex parte judgments apply mutatis mutandis to setting aside dismissal of a suit for want of prosecution
Court orders
#- 1.Dismissal of the Petitioner's Notice of Motion dated 29th September 2014 seeking reinstatement of the petition
- 2.No order as to costs
- 3.Matter to proceed to taxation
- Jurisdiction invoked
- Section 16 of the Industrial Court Act and Order 12 Rule 7 of the Civil Procedure Rules 2010
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Alfred Kaloki & 13 others v Sea Front Entertainment Limited [2015] KEELRC 524 (KLR)[2015] KEELRC 524 (KLR)25 Sept 2015followed
Cite this brief
#Cite this brief
Caselaw, "Collective Bargaining Advisory Centre v Ministry for Labour and Human Resource Development & 4 others [2015] KEELRC 1013 (KLR)", Case Analysis (2015). Petition No 31 of 2012. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/1013/eng@2015-05-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.