William Onyango v Ainsworth Primary School [2019] KEELRC 1355 (KLR) | Dismissal For Want Of Prosecution | Esheria

William Onyango v Ainsworth Primary School [2019] KEELRC 1355 (KLR)

Full Case Text

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.