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ELRCDismissedNot stated in judgment· [2024] KEELRC 1455 (KLR)
Kumanda v Metro Consultants & Guardian Limited (Cause 985 of 2018) [2024] KEELRC 1455 (KLR)
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·~2 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#The Claimant's claim, filed on 18th June 2018, was dismissed for want of prosecution on 16th November 2023 on the Respondent's application dated 20th June 2023. The claimant had failed to attend the hearing fixed for 17th December 2018, and took no steps to prosecute the claim thereafter. He was served with the dismissal application but again did not attend on 16th November 2023, and the application was allowed in his absence. He then filed an application dated 23rd November 2023 seeking to set aside the dismissal orders, arguing that the Court should extend substantive justice to him by reinstating the claim, explaining that he instructed advocates on the eve of the hearing and was unaware of the hearing date. The Respondent opposed, relying on grounds of opposition dated 5th February 2024, contending that the claimant never explained five years of inaction. Parties filed written submissions. The Court found that the claimant had not satisfactorily explained his failure to prosecute the claim for five years or his absence when the dismissal application was heard, noting the record was replete with instances of his non-attendance. The Respondent was held entitled to closure six years after being sued. The application dated 23rd November 2023 was declined, with costs to the Respondent, and the file closed as ordered on 16th November 2023. Judgment delivered on 14th June 2024 by James Rika, Judge, at Nairobi.
Key legal issues
#01
Whether the dismissal for want of prosecution should be set aside in the interest of substantive justice
Holding
The application was declined because the Claimant failed to offer a satisfactory explanation for 5 years of inaction and for absenting himself from the hearing of the dismissal application
Reasoning
The court reviewed the litigation history: the claim was filed in June 2018, a hearing date fixed for December 2018, and the claimant failed to attend. No steps were taken thereafter until the respondent's 2023 dismissal application, which the claimant also failed to attend despite being served. He instructed advocates only on the eve of the hearing. The court found no justification for reinstatement and closed the file.
p. 2
Legal principles established
#- A party seeking reinstatement of a claim dismissed for want of prosecution must satisfactorily explain the inaction and non-attendance
- A defendant is entitled to closure after prolonged inaction by a claimant
Court orders
#- 1.The application filed by the Claimant dated 23rd November 2023 is declined
- 2.Costs to the Respondent
- 3.The file is closed as ordered on 16th November 2023
- Jurisdiction invoked
- Inherent powers of the Employment and Labour Relations Court to review/set aside its own orders (application dated 23rd November 2023 seeking setting aside of dismissal orders)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kumanda v Metro Consultants & Guardian Limited (Cause 985 of 2018) [2024] KEELRC 1455 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1455/eng@2024-06-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.