[2017] KEELRC 1501 (KLR)
The court found that there had been no action taken in the matter for over three years since the last direction to take a hearing date. Despite the issuance and service of a hearing notice, neither party appeared in court to prosecute or defend the cause. The court exercised its discretion to dismiss the cause for...
Source-derived case information.
- Citation
- [2017] KEELRC 1501 (KLR)
- Parties
- Applicant: Alfred Ambuso; Respondent: N.K. Brothers Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 441 of 2012
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Want of Prosecution
- Outcome
- cause dismissed for want of prosecution
- Judges
- MSA Makhandia
- Legal Topics
- Dismissal for Want of Prosecution, Delay in Prosecution, Court Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alfred Ambuso
Applicant
N.K. Brothers Limited
Respondent
Procedural Posture
Employment Cause / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the cause should be dismissed for want of prosecution due to inaction by the parties for over three years.
Ratio Decidendi
The court found that there had been no action taken in the matter for over three years since the last direction to take a hearing date. Despite the issuance and service of a hearing notice, neither party appeared in court to prosecute or defend the cause. The court exercised its discretion to dismiss the cause for want of prosecution, noting the prolonged inactivity and absence of any explanation or effort to move the matter forward.
Court Disposition
cause dismissed for want of prosecution
Orders
- The cause is dismissed for want of prosecution.
- There is no order as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 441 OF 2012
ALFRED AMBUSO..................................................CLAIMANT
VERSUS
N.K. BROTHERS LIMITED...............................RESPONDENT
RULING
1. This Cause was filed on 16th March 2012 and a Response was filed on 7th June 2012.
2. The last action in the file was on 25th February 2014 when the Court directed the parties to take a hearing date in the Registry.
3. There is nothing on record to suggest the parties have attempted to move Court since that appearance.
4. The Deputy Registrar of the Court issued a hearing notice on 8th March 2017 which was served upon the Respondents’ advocate on 16th March 2017, but when the Cause was called for hearing on 3rd April 2017, the parties were absent.
5. In the circumstances, and bearing in mind that no action has been taken for over 3 years, the Court orders that the Cause be dismissed with no order as to costs.
Delivered, dated and signed in Nairobi on this 5th day of April 2017.
Radido Stephen
Judge
Representations
For Claimant Kiriba & Co. Advocates
For Respondent Mugambi Mungania & Co. Advocates
Court Assistant Nixon