[2016] KEELRC 1309 (KLR)
The court found that the claimant had failed to take any steps to prosecute the cause or the accompanying motion since 2011. Despite public and specific hearing notices, neither party appeared or was represented at the hearing. In the interest of managing the court's backlog and ensuring efficient administration of...
Source-derived case information.
- Citation
- [2016] KEELRC 1309 (KLR)
- Parties
- Claimant: Amalgamated Union of Kenya Metal Workers; Respondent: Aquva Agencies Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 565(N) of 2011
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Non Attendance
- Outcome
- Cause dismissed for non-attendance and non-prosecution.
- Judges
- MSA Makhandia
- Legal Topics
- Union Dues, Non Prosecution, Dismissal for Non Attendance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amalgamated Union of Kenya Metal Workers
Claimant
Aquva Agencies Ltd
Respondent
Procedural Posture
Employment Cause / Ruling on Dismissal for Non Attendance
Legal Issues
- 1 Whether the claimant has prosecuted the cause or motion since filing in 2011.
- 2 Whether the cause should be dismissed for want of prosecution and non-attendance.
Ratio Decidendi
The court found that the claimant had failed to take any steps to prosecute the cause or the accompanying motion since 2011. Despite public and specific hearing notices, neither party appeared or was represented at the hearing. In the interest of managing the court's backlog and ensuring efficient administration of justice, the court exercised its discretion to dismiss the cause for non-attendance and non-prosecution, as no action had been taken for over five years.
Court Disposition
Cause dismissed for non-attendance and non-prosecution.
Orders
- This Cause is dismissed for non-attendance and non-prosecution as no steps have been taken for over 5 years.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 565(N) OF 2011
AMALGAMATED UNION OF KENYA METAL
WORKERS CLAIMANT
v
AQUVA AGENCIES LTD RESPONDENT
RULING
The Amalgamated Union of Kenya Metal Workers (Claimant) commenced legal proceedings Aquva Agencies Ltd (Respondent) on 14 April 2011 alleging refusal by the Respondent to deduct and remit union dues to it. The Claim was accompanied with a motion under certificate of urgency.
There is nothing on the record to suggest that the Claimant has taken any steps to have the Motion and/or Cause prosecuted from 2011.
As a way to deal with the backlog in the Court’s Nairobi registry, the Deputy Registrar notified the public through online and newspaper notices of a service week running from 18 April 2016 to 22 April 2016.
Specific hearing notices were also sent to the litigants and or their Advocates.
When this Cause was called out for hearing, there was no appearance/representation for the parties.
The Court therefore orders that this Cause be dismissed for non-attendance and non-prosecution as no steps have been taken for over 5 years.
Delivered, dated and signed in Nairobi this 20th day of April 2016.
Radido Stephen
Judge
Court Assistant Nixon