[2016] KEELRC 1338 (KLR)
The court found that the claimant had not taken any steps to prosecute the cause since 17 September 2012, and that neither party appeared or was represented at the scheduled hearing during the service week. In light of the prolonged inactivity and non-attendance, the court exercised its discretion to dismiss the...
Source-derived case information.
- Citation
- [2016] KEELRC 1338 (KLR)
- Parties
- Claimant: Benson Ngamau Wairegi; Respondent: Waterrose Agencies Ltd t/a Ndarugo Hotel
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 288 of 2012
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Non Prosecution
- Outcome
- dismissed for want of prosecution and non-attendance
- Judges
- MSA Makhandia
- Legal Topics
- Unlawful Termination, Dismissal for Non Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benson Ngamau Wairegi
Claimant
Waterrose Agencies Ltd t/a Ndarugo Hotel
Respondent
Procedural Posture
Employment Cause / Ruling on Dismissal for Non Prosecution
Legal Issues
- 1 Whether the cause should be dismissed for want of prosecution and non-attendance by the parties.
Ratio Decidendi
The court found that the claimant had not taken any steps to prosecute the cause since 17 September 2012, and that neither party appeared or was represented at the scheduled hearing during the service week. In light of the prolonged inactivity and non-attendance, the court exercised its discretion to dismiss the cause for want of prosecution and non-attendance, in line with established procedural rules and the need to manage judicial resources efficiently.
Court Disposition
dismissed for want of prosecution and non-attendance
Orders
- The 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. 288 OF 2012
BENSON NGAMAU WAIREGI CLAIMANT
v
WATERROSE AGENCIES LTD
t/a NDARUGO HOTEL RESPONDENT
RULING
1. The Claimant commenced legal proceedings against the Respondent on 24 February 2012 alleging wrongful unlawful termination of employment.
2. There is nothing on the record to suggest that the Claimant has taken steps to prosecute the Cause since 17 September 2012.
3. 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.
4. Specific hearing notices were also sent to the litigants and or their Advocates.
5. When this Cause was called out for hearing, there was no appearance/representation for the parties.
6. 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