Nourine Yakub v Simoun Travel Ltd [2018] KEELRC 853 (KLR)
The bottom line
#A Kenyan employment court refused to revive a case dismissed after the claimant repeatedly failed to attend hearings over seven years.
What this practically means
#Executive summary
#Key legal issues
#Whether the inadvertent mistake of counsel in failing to diarise a hearing date should be excused so as to reinstate a dismissed suit
The application was refused because the Claimant's conduct, including prior non-attendance and failure to prosecute the cause for over 7 years, showed lack of diligence
The Court placed the 6 February 2018 non-attendance in the context of the Claimant's earlier absences, including failure to attend when the Cause first came up for hearing on 11 April 2012, and the dismissal after a Notice to Show Cause in 2017. Against that history, the explanation that counsel forgot to diarise the date did not warrant the exercise of discretion, as the Claimant displayed a casual approach and lack of diligence in a 7-year-old case.
Whether reinstatement would prejudice the Respondent or the interests of justice
The Court was not persuaded that the interests of justice tilted in favour of granting the orders sought
The Respondent contended that the Claimant had not taken appropriate steps to have the Cause heard for over 7 years, amounting to inordinate delay, had not come to Court with clean hands, and that the interests of justice did not favour reinstatement. The Court accepted the contextual view of the Claimant's repeated non-attendance and dismissed the application.
Legal principles established
#- A party seeking reinstatement of a suit dismissed for non-attendance must demonstrate diligence; a casual approach to prosecution of a case disentitles the party from the exercise of the Court's discretion in their favour
- A party's failure to attend a hearing must be assessed in the context of prior conduct and previous absences
Court orders
#- 1.The application seeking to set aside the dismissal of 6 February 2018 and reinstate the suit is dismissed
- 2.Costs of the application awarded to the Respondent
- Jurisdiction invoked
- Original employment and labour relations jurisdiction of the Employment and Labour Relations Court; inherent discretion to reinstate a suit dismissed for non-attendance
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nourine Yakub v Simoun Travel Ltd [2018] KEELRC 853 (KLR)", Case Analysis (2018). Cause No 504 of 2011. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/853/eng@2018-10-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.