[2021] KEELRC 651 (KLR)
The court found that the claimant had failed to take any action in the suit since the filing of the application for dismissal and had not responded to the motion. This inaction demonstrated a lack of interest in prosecuting the claim. The respondent established sufficient grounds for dismissal for want of...
Source-derived case information.
- Citation
- [2021] KEELRC 651 (KLR)
- Parties
- Respondent: Cecilia Katilau Maluna; Applicant: Maridadi Flowers Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 984 of 2016
- Procedural Posture
- Cause / Ruling on Application for Dismissal for Want of Prosecution
- Outcome
- Suit dismissed for want of prosecution with costs to the respondent.
- Judges
- AN Makau
- Legal Topics
- Dismissal for Want of Prosecution, Delay in Prosecution, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cecilia Katilau Maluna
Respondent
Maridadi Flowers Limited
Applicant
Procedural Posture
Cause / Ruling on Application for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution due to inaction by the claimant.
- 2 Whether the respondent is entitled to costs upon dismissal of the suit.
Ratio Decidendi
The court found that the claimant had failed to take any action in the suit since the filing of the application for dismissal and had not responded to the motion. This inaction demonstrated a lack of interest in prosecuting the claim. The respondent established sufficient grounds for dismissal for want of prosecution. Accordingly, the court exercised its discretion to dismiss the suit with costs to the respondent.
Court Disposition
Suit dismissed for want of prosecution with costs to the respondent.
Orders
- The suit is dismissed for want of prosecution.
- Costs awarded to the respondent.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT OF KENYA
AT NAIROBI
CAUSE NO. 984 OF 2016
CECILIA KATILAU MALUNA.................................CLAIMANT/RESPONDENT
VERSUS
MARIDADI FLOWERS LIMITED....................................................RESPONDENT
RULING
1. The application herein is dated 25th March, 2019. To date there is inaction on the part of the Claimant and it is apparent the Claimant has lost interest in the suit.
2. The Applicant through the Counsel appearing has even indicated the Claimant has not bothered to file a response to the Motion seeking the dismissal of the suit for want of prosecution.
3. Respondent has made out a case for the grant of the orders sought and I dismiss the suit as prayed for in the Notice of Motion application. Suit is dismissed with costs to the Respondent.
It is so ordered.
DATED AND DELIVERED AT NAIROBI THIS 28TH DAY OF SEPTEMBER, 2021
NZIOKI WA MAKAU
JUDGE