[2017] KEELRC 1542 (KLR)
The court found that the Claimant had failed to take any steps to prosecute the Cause for approximately four years, including failing to pay court-ordered adjournment fees and failing to attend the scheduled hearing. The Respondent also failed to attend. The court held that such inaction amounted to want of...
Source-derived case information.
- Citation
- [2017] KEELRC 1542 (KLR)
- Parties
- Claimant: Benard Ekamuran Oriama; Respondent: Alibe Security Co. Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 532 of 2013
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Want of Prosecution
- Outcome
- Cause dismissed for want of prosecution, no order as to costs.
- Judges
- MSA Makhandia
- Legal Topics
- Dismissal for Want of Prosecution, Adjournment Fees, Failure to Prosecute, Court Attendance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benard Ekamuran Oriama
Claimant
Alibe Security Co. 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 Claimant.
- 2 Whether failure to pay adjournment fees and absence of parties warrants dismissal of the Cause.
Ratio Decidendi
The court found that the Claimant had failed to take any steps to prosecute the Cause for approximately four years, including failing to pay court-ordered adjournment fees and failing to attend the scheduled hearing. The Respondent also failed to attend. The court held that such inaction amounted to want of prosecution and justified dismissal of the Cause. The court exercised its discretion to dismiss the Cause for want of prosecution, noting that the Claimant had not demonstrated any interest in pursuing the matter and that the Respondent had not participated either. No order as to costs was made.
Court Disposition
Cause dismissed for want of prosecution, no order as to costs.
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. 532 OF 2013
BENARD EKAMURAN ORIAMA……………..……............CLAIMANT
VERSUS
ALIBE SECURITY CO. LIMITED……………………...RESPONDENT
RULING
1. This Cause was filed on 16th April 2013 and a Response was filed on 8th May 2013.
2. The last time the Cause was before Court was on 26th November 2013 when the Claimant was directed to pay court adjournment fees for not attending Court.
3. The adjournment fees have not been paid nor has the Claimant made any attempt to progress the Cause.
4. The Deputy Registrar of the Court issued a hearing notice on 10th March 2017, but when the Cause was called for hearing on 3rd April 2017, the parties were absent.
5. Considering no action to progress the Cause has been taken in about 4 years and that the parties did not attend Court on 3rd April 2017, 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 In person
For Respondent Mangerere, Bosire & Associates
Court Assistant Nixon