[2017] KEELRC 1518 (KLR)
The court found that there had been no action taken to prosecute the cause for approximately three years, and that both parties failed to attend the scheduled hearing despite proper service of the hearing notice. The claimants, having acknowledged service, bore the responsibility to attend and prosecute their case....
Source-derived case information.
- Citation
- [2017] KEELRC 1518 (KLR)
- Parties
- Applicant: Charles Muriuki; Applicant: Peter Kioko; Applicant: Silas Omondi; Applicant: Mulwa Kioko; Respondent: Manson Hart Kenya Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 320 of 2013
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Want of Prosecution
- Outcome
- cause dismissed for want of prosecution
- Judges
- MSA Makhandia
- Legal Topics
- Dismissal for Want of Prosecution, Failure to Prosecute, Court Management, Hearing Notice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Muriuki
Applicant
Peter Kioko
Applicant
Silas Omondi
Applicant
Mulwa Kioko
Applicant
Manson Hart Kenya Ltd
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 parties.
- 2 Whether the absence of both parties at the scheduled hearing justifies dismissal of the cause.
Ratio Decidendi
The court found that there had been no action taken to prosecute the cause for approximately three years, and that both parties failed to attend the scheduled hearing despite proper service of the hearing notice. The claimants, having acknowledged service, bore the responsibility to attend and prosecute their case. The respondent had not filed any response or appeared. The court exercised its discretion to dismiss the cause for want of prosecution, holding that the prolonged inactivity and non-attendance by both parties justified dismissal. No order as to costs was made, considering the circumstances.
Court Disposition
cause dismissed for want of prosecution
Orders
- The cause is dismissed for want of prosecution.
- There is no order as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 320 OF 2013
CHARLES MURIUKI 1ST CLAIMANT
PETER KIOKO 2ND CLAIMANT
SILAS OMONDI 3RD CLAIMANT
MULWA KIOKO 4TH CLAIMANT
v
MANSON HART KENYA LTD RESPONDENT
RULING
1. The Cause was filed on 12 March 2013. There is no Response on record.
2. The last time there was action in the file was on 22 January 2014 when hearing was scheduled for 30 September 2014. It is not clear from the record what transpired on the hearing date.
3. Since then, there has been no action taken to progress the Cause for hearing.
4. On 8 March 2017, the Deputy Registrar issued a hearing notice for 4 April 2017, but when the Cause was called out for hearing, none of the parties were present. The Claimant had acknowledged service of the hearing notice.
5. The Court, considering that no action has been taken for about 3 years and that the parties failed to appear for the hearing, orders that the Cause be dismissed with no order as to costs.
Delivered, dated and signed in Nairobi on this 6th day of April 2017.
Radido Stephen
Judge
Appearances
Claimant Kivuva Omuga & Co. Advocates
Respondent Federation of Kenya Employers
Court Assistant Nixon