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…It is further submitted that dismissal for want of prosecution is not available since directions have not been taken.…

…In the first situation, if within 3 months after the giving of directions the appeal has not been set down for hearing by the appellant, the respondent may elect either to set it down for hearing himself or apply for its dismissal…

…She prayed for the exparte orders granted to be vacated and for dismissal of the application for revision. 22. Mr. Magolo responded by stating that there was confirmation by Mr.…

…The exparte orders granted on 30th July, 2020 staying the lower court proceedings are automatically vacated by the dismissal of the application. 40.…

…The defendant seeks an order for the dismissal of the suit for want of prosecution.…

…The 3rd defendant seeks dismissal of the suit on the basis that it is more than three months since the pleadings closed.…

…This is an application by Messrs A Y A Jiwaji & Jiwaji who are now acting for the defendant for dismissal of this suit for want of prosecution.…

…She prayed for the exparte orders granted to be vacated and for dismissal of the application for revision. 22. Mr. Magolo responded by stating that there was confirmation by Mr.…

…The exparte orders granted on 30th July, 2020 staying the lower court proceedings are automatically vacated by the dismissal of the application. 40.…

…This would have obviously laid out what the plaintiff’s benefits or entitlements would have been upon dismissal in whatever manner.…

…There has been no evidence that he has genuinely looked for a job and has not been successful nor that due to the defendant’s summary dismissal nobody can give him a job.…

…Chohan applied for the dismissal of the suit with costs. The defendants did not admit any part of the claim against them and so I was left with no alternative but to dismiss the claim for lack of evidence.…

…The application was supported by the affidavit of John Macharia Muhuni, counsel who had the conduct of the suit at the time of its dismissal and whom Mr Kabuki held his brief then and on the day before that.…

…Dismissal under the order and rule would only be sought on the ground of delay in prosecuting the suit.…

…In the above circumstances it is my view that the application for the dismissal of this suit for want of prosecution under O. XVI rule 5 is premature.…

…It is the plaintiff’s case that his prosecution was malicious and his dismissal wrongful.…

…With regard to wrongful dismissal, every employee in every employment except one expressly excluded by statute has the right not to be unfairly dismissed by his employer.…

…In the course of his evidence he vehemently denied or rejected the defence’s contention that his conduct had eminently justified the dismissal and that he can not be entitled to any of redress sought.…

…In more specific terms it is common ground that the dismissal culminated from an inquiry by a committee which had been set up to inquire into an allegation that the plaintiff had received bribes from potential candidates…

…XVI Rule 5 are restated:- “If within three months after: - (a) the close of the pleadings … the plaintiff does not set down the suit for hearing, the defendant may either set the suit down for hearing or apply for its dismissal…

…When he was faced with the same situation in the first application for dismissal for want of prosecution, Mulwa, J. declined to do so in the interests of justice because as he put it the dismissal would have affected numerous…

…He was sentenced to 8 years imprisonment together with dismissal from the Armed Forces. The appellant’s conviction and sentence together with his dismissal from the Armed Forces were confirmed on November 23, 1982.…

…In these circumstances, the appellant’s sentence of 8 years imprisonment together with dismissal from the Armed Forces cannot be said to have been manifestly excessive, or based on the wrong principle.…

…It was common ground that after my dismissal of the application to remove the petition from the proceedings or stay or strike out the same, the company came along and paid the entire principal amount owed to the petitioner…

…It was common ground that after my dismissal of the application to remove the petition from the proceedings or stay or strike out the same, the company came along and paid the entire principal amount owed to the petitioner…

…The plaintiff’s claim relates to alleged wrongful summary dismissal from his employment by the defendants.…

…He instituted the suit for general damages for that alleged dismissal in addition to other reliefs which are listed in the plaint.…

…DEFENDANT J U D G M E N T The Plaintiff, Jane Wanja Mwangi, filed this suit against the Defendant, Nairobi City Commission praying for Judgment for " (a) Damages for wrongful dismissal, defamation and other benefits (b) Costs…

…In the process therefore the Plaintiff's dismissal was unlawful. Having come to that conclusion, I do not think I need to be specific about compulsory leave, interdiction and suspension.…

…I therefore set aside her dismissal order and substitute there to an order for Judgment of 7,000/= for the plaintiff plus interest at court rates from the date of filing which was on 2.12.1992 until6.4.93 when the same was…

…Respondent paid a substantial part of the claim immediately the suit was filed, the appellant will have 3/4 costs in the lower court and half costs on appeal. (4) The rest of the claim was rightly dismissed and I confirm the dismissal…

…Consequently, he argued, his dismissal was wrongful as entitles him to damages. He does not think the allegations which the defendant relied upon to dismiss him had any basis.…

…The plaintiff now contends that his dismissal has caused him loss and damage.…

…The latter doctrine does not give immunity in transaction of a commercial nature” The second defendant has now filed an application asking the Court to review its dismissal order on the grounds inter alia that the order contains…

…I must, first of all, deal with the aspect of desertionfrom duty since in these proceedings the defendants have citedit as their justification for the dismissal act taken against(him (the plaintiff). Did he desert duty?…

…In the first place,the dismissal letter of 20th May, 1988 (Exh.7) does not specifythe Period during which the plaintiff had been absent from dutyand had not been working in Mombasa.…