[2017] KEELRC 1471 (KLR)
The court found that neither party appeared at the hearing of the Notice to Show Cause and there was no evidence that the respondent had been served with the Notice or the Memorandum of Claim. In the absence of proof of service and in light of the prolonged inactivity, the court exercised its discretion to dismiss...
Source-derived case information.
- Citation
- [2017] KEELRC 1471 (KLR)
- Parties
- Claimant: Augustine Mutunga Ndambuki; Respondent: Factory Guards Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 514 of 2014
- Procedural Posture
- Employment Cause / Ruling on Notice to Show Cause for Dismissal
- Outcome
- cause dismissed for want of prosecution
- Judges
- MSA Makhandia
- Legal Topics
- Dismissal for Want of Prosecution, Service of Process, Notice to Show Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Augustine Mutunga Ndambuki
Claimant
Factory Guards Ltd
Respondent
Procedural Posture
Employment Cause / Ruling on Notice to Show Cause for Dismissal
Legal Issues
- 1 Whether the cause should be dismissed for want of prosecution due to non-appearance of parties.
- 2 Whether there was proper service of the Notice to Show Cause and the Memorandum of Claim upon the Respondent.
Ratio Decidendi
The court found that neither party appeared at the hearing of the Notice to Show Cause and there was no evidence that the respondent had been served with the Notice or the Memorandum of Claim. In the absence of proof of service and in light of the prolonged inactivity, the court exercised its discretion to dismiss the cause for want of prosecution, with no order as to costs, as there was no evidence that the respondent was aware of the proceedings.
Court Disposition
cause dismissed for want of prosecution
Orders
- The cause is dismissed for want of prosecution with no order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 514 OF 2014
AUGUSTINE MUTUNGA NDAMBUKI.........................................CLAIMANT
v
FACTORY GUARDS LTD.......................................................RESPONDENT
RULING
1. The Memorandum of Claim herein was filed in Court on 31 March 2014.
2. On 10 March 2017, the Deputy Registrar issued a Notice to Show Cause why the Cause should not be dismissed. The return date was 5 April 2017.
3. None of the parties appeared in Court when the Cause was called out.
4. Despite there being no evidence on record that the Notice was served upon the parties, there is equally no evidence on record that the Claimant served Notice of Summons and Memorandum of Claim upon the Respondent.
5. Considering the fact that there is no evidence that the Respondent was notified of the Cause and the time lapse, 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 Lucy Njiru & Co. Advocates
Respondent no papers on record
Court Assistant Nixon