[2017] KEELRC 1530 (KLR)
The court found that the Claimant had failed to take any steps to progress the Cause for a prolonged period and did not attend the scheduled hearing despite being served with a hearing notice. The absence of action and nonattendance demonstrated a lack of interest in prosecuting the matter. The Respondent's...
Source-derived case information.
- Citation
- [2017] KEELRC 1530 (KLR)
- Parties
- Claimant: Aston Inyangala Inzoberi; Respondent: Olympic Dry Cleaners Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1335 B of 2013
- 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, Nonattendance at Hearing, Case Management, Release of Deposit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Aston Inyangala Inzoberi
Claimant
Olympic Dry Cleaners Ltd
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 the Claimant's failure to attend the hearing.
- 2 Whether the lapse of time without action justified dismissal of the Cause.
Ratio Decidendi
The court found that the Claimant had failed to take any steps to progress the Cause for a prolonged period and did not attend the scheduled hearing despite being served with a hearing notice. The absence of action and nonattendance demonstrated a lack of interest in prosecuting the matter. The Respondent's application for dismissal was therefore merited. The court exercised its discretion to dismiss the Cause for want of prosecution, noting that the Claimant had been given adequate opportunity to be heard but failed to utilize it. No order as to costs was made, considering the circumstances.
Court Disposition
Cause dismissed for want of prosecution.
Orders
- The Cause is dismissed for want of prosecution.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 1335 B OF 2013
ASTON INYANGALA INZOBERI CLAIMANT
v
OLYMPIC DRY CLEANERS LTD RESPONDENT
RULING
1. This Cause was filed on 20 August 2013. At the same time, the Claimant filed a motion seeking payment of some Kshs 105,009/- pending hearing of the Cause.
2. On 9 September 2013, the Court ordered that the sum of Kshs 105,009/- which had been deposited with the Labour Office be released to the Claimant.
3. The Respondent filed a Response on 7 October 2013 and on 5 February 2014, the Claimant filed a Notice to Act in Person.
4. On 21 March 2014, the Claimant wrote to the Court lamenting about his ill health and expense in traveling to Nairobi.
5. On 8 March 2017, the Deputy Registrar issued a hearing notice. The return date was 5 April 2017.
6. Only the Respondent’s representative attended Court for the hearing and he applied to have the Cause dismissed.
7. Considering time lapse without action to progress the Cause for hearing and failure to attend Court for hearing, the Court orders that the Cause be dismissed with no order as to costs.
Delivered, dated and signed in Nairobi on this 7th day of April 2017.
Radido Stephen
Judge
Appearances
For Claimant S.K. Opiyo & Co. Advocates
Respondent Federation of Kenya Employers
Court Assistant Nixon