Search court decisions

…That was a fact which we think was relevant in determining whether or not the appellant’s suit was a fit case for dismissal under 0.IXB rule 4(1) of the Civil Procedure Rules.…

…It should be noted at the outset that the appellant did not take steps to have the order of dismissal and the judgment set aside until 20th April, 1995.…

…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.…

…There is no provision for revival of dismissal, except by the plaintiff filing a fresh action. Yet, any dismissal under rule 4, is a bar to a fresh suit.…

…The position is that the dismissal cannot be set aside.”…

…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.…

…************************** JUDGEMENT OF THE COURT This is a second appeal from the decision of the Resident Magistrate’s Court in Nairobi by which the respondent was awarded Shs.85,000/- as general damages for wrongful dismissal…

…In a claim by an employee against his employer for damages for wrongful dismissal, such damages are limited to the amount the employer would have been obliged to pay if he had brought the contract to an end in accordance…

…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.…

…or not it was known to the employer at the time of the dismissal.…

…Justification of dismissal can accordingly be shown by proof of fact ascertained subsequently to the dismissal, or on grounds differing from those alleged at the time.”…

…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…

…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…

…March 1977, indicated that the appellant had wilfully, that is to say on grounds that were not valid, refused to accept his posting to Kakamega, and he was warned that his “persistent insubordination” would lead to his dismissal…

…The letter referred to a memorandum written by his counsel, which I presume, had the effect of translating the situation from one of dismissal without rights to one of retirement in the public interest.…

…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 respondent’s claim was based on alleged wrongful dismissal. The respondent was an employee of long standing of the appellant. The claim is not insubstantial.…

…In this case as there was no denial at all of the allegation of the alleged wrongly dismissal and in any event there was no application made to the judge orally or otherwise to amend the defence, we see no point in letting…

…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.…