[2017] KEELRC 1522 (KLR)
The court found that the Claimant failed to take any steps to prosecute the Cause for a period of two years and did not provide evidence of service of Summons on the Respondent. Additionally, neither party appeared in court on the scheduled hearing date. In light of these factors, the court exercised its discretion...
Source-derived case information.
- Citation
- [2017] KEELRC 1522 (KLR)
- Parties
- Claimant: Charles Ongai; Respondent: Masari Camps and Villas Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 69 of 2014
- 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, Service of Summons, Non Appearance, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Ongai
Claimant
Masari Camps and Villas 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 inactivity by the Claimant.
- 2 Whether there was proper service of Summons on the Respondent.
- 3 Whether the absence of both parties at the hearing warrants dismissal of the Cause.
Ratio Decidendi
The court found that the Claimant failed to take any steps to prosecute the Cause for a period of two years and did not provide evidence of service of Summons on the Respondent. Additionally, neither party appeared in court on the scheduled hearing date. In light of these factors, the court exercised its discretion to dismiss the Cause for want of prosecution, holding that the Claimant bore the responsibility to progress the matter and comply with procedural requirements. The absence of an affidavit of service and the Claimant's failure to attend the hearing were fatal to the continuation of the suit.
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
19 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 69 OF 2014
CHARLES ONGAI CLAIMANT
v
MASARI CAMPS AND VILLAS LTD RESPONDENT
RULING
1. This Cause was filed on 24 January 2014.
2. However, there is no affidavit of service on record to prove service of Summons.
3. On 8 March 2017, the Deputy Registrar issued a hearing notice to the parties with a return date of 4 April 2017.
4. When the Cause was called out for hearing none of the parties were in Court.
5. Considering the time lapse of 2 years before taking any move to progress the Cause for hearing, lack of evidence of service of Summons and the failure by the Claimant to appear in Court on 4 April 2017, the Court 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
For Claimant Kwengu & Co. Advocates
For Respondent no appearance
Court Assistant Nixon