[2020] KEELRC 321 (KLR)
The court found that the respondent's motion to dismiss the suit for want of prosecution was overtaken by events because the suit had already been dismissed on 20 July 2018 due to non-attendance by both parties and failure to comply with court orders. The court also noted that the claimant had previously instructed...
Source-derived case information.
- Citation
- [2020] KEELRC 321 (KLR)
- Parties
- Claimant: Baldwin Norman Aunda; Respondent: Kenya Wildlife Service
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1763 of 2011
- Procedural Posture
- Employment Cause / Ruling on Motion to Dismiss for Want of Prosecution
- Outcome
- application overtaken by events; no further orders issued
- Judges
- MSA Makhandia
- Legal Topics
- Unfair Termination, Dismissal for Want of Prosecution, Review of Dismissal Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Baldwin Norman Aunda
Claimant
Kenya Wildlife Service
Respondent
Procedural Posture
Employment Cause / Ruling on Motion to Dismiss for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution.
- 2 Whether the respondent's motion to dismiss was competent given prior dismissal.
- 3 Whether the claimant's instructions to withdraw the suit had legal effect.
Ratio Decidendi
The court found that the respondent's motion to dismiss the suit for want of prosecution was overtaken by events because the suit had already been dismissed on 20 July 2018 due to non-attendance by both parties and failure to comply with court orders. The court also noted that the claimant had previously instructed his advocate to withdraw the suit, but the advocate did not act on those instructions. As a result, the respondent's application was marked as overtaken by events and no further orders were necessary.
Court Disposition
application overtaken by events; no further orders issued
Orders
- The respondent's motion dated 28 February 2020 is marked as overtaken by events.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 1763 OF 2011
BALDWIN NORMAN AUNDA CLAIMANT
v
KENYA WILDLIFE SERVICE RESPONDENT
RULING
1. Baldwin Norman Aunda (Claimant) instituted these legal proceedings against Kenya Wildlife Service (Respondent) on 19 October 2011, and he alleged unfair termination of employment.
2. The Respondent filed a Memorandum of Reply on 22 March 2012.
3. On 30 January 2017, the Court issued a Notice to Show Cause to the Claimant to explain why the Suit should not be dismissed for want of prosecution.
4. The Claimant did not turn up and on 20 February 2017, the Court dismissed the Cause for want of prosecution.
5. On 25 May 2017, the Claimant moved the Court to review and/or set aside the dismissal order and the application was allowed on 16 November 2017 on condition that the Claimant sets down the Cause for hearing within 60 days.
6. The Court also issued a rider than in default, the Cause would stand dismissed.
7. The Claimant only moved the Court on 19 February 2018 to schedule a hearing date and hearing was fixed for 10 April 2018.
8. On the hearing date, the Claimant sought leave to amend the Statement of Claim and the Court ordered that an Amended Statement of Claim be filed and served on or before 4 May 2018. The order was not complied with.
9. When the Cause next came up on 20 July 2018, none of the parties was in attendance and the Court dismissed the Suit.
10. On 28 February 2020, the Respondent filed a Motion seeking an order dismissing the suit for want of prosecution.
11. Because the Cause had been dismissed on 20 July 2018, the Respondent’s application was/is overtaken by events.
12. The Court also notes that the Claimant had instructed his advocate through a letter dated 17 October 2017 to withdraw the Cause. The advocate appears not to have acted on the instructions.
13. The Motion is marked as overtaken by events.
Delivered through Microsoft teams, dated and signed in Nairobi on this 23rd day of October 2020.
Radido Stephen
Judge
Appearances
For Claimant Ongaro & Co. Advocates
For Respondent Ombonya & Co. Advocates
Court Assistant Lindsey