[2022] KEELRC 1408 (KLR)
The Court found that the Claimants failed to comply with the order to file an affidavit showing cause within 7 days as directed. The affidavit was filed after the expiry of the deadline, at which point the suit had already stood dismissed for want of prosecution by operation of the Court's earlier order. The late...
Source-derived case information.
- Citation
- [2022] KEELRC 1408 (KLR)
- Parties
- Applicant: Kanze Katana Charo; Applicant: Grace Kazungu Nyale; Applicant: Elvina Dama Marera; Respondent: Navida Natural Foods Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 801 of 2016
- Procedural Posture
- Employment Cause / Ruling on Notice to Show Cause for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Judges
- AK Nzei
- Legal Topics
- Dismissal for Want of Prosecution, Court Procedure, Show Cause Notice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kanze Katana Charo
Applicant
Grace Kazungu Nyale
Applicant
Elvina Dama Marera
Applicant
Navida Natural Foods Limited
Respondent
Procedural Posture
Employment Cause / Ruling on Notice to Show Cause for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution under Rule 16 of the Employment and Labour Relations Court (Procedure) Rules 2016.
- 2 Whether the late filing of the show cause affidavit by the Claimants could revive the suit after automatic dismissal.
Ratio Decidendi
The Court found that the Claimants failed to comply with the order to file an affidavit showing cause within 7 days as directed. The affidavit was filed after the expiry of the deadline, at which point the suit had already stood dismissed for want of prosecution by operation of the Court's earlier order. The late affidavit was therefore filed in a non-existent suit and was struck out. The Court ordered the file closed, confirming the dismissal of the suit for want of prosecution under Rule 16 of the Employment and Labour Relations Court (Procedure) Rules 2016.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution as of 7th December 2021.
- The affidavit filed on 18th January 2022 is struck out as it was filed in a non-existent suit.
Full Case Text
Judgment text and source record
25 paragraphs
Charo & 2 others v Navida Natural Foods Limited (Cause 801 of 2016) [2022] KEELRC 1408 (KLR) (5 May 2022) (Ruling)
Neutral citation: [2022] KEELRC 1408 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Mombasa
Cause 801 of 2016
A K Nzei, J
May 5, 2022
Between
Kanze Katana Charo
1st Claimant
Grace Kazungu Nyale
2nd Claimant
Elvina Dama Marera
3rd Claimant
and
Navida Natural Foods Limited
Respondent
Ruling
1. The defended suit herein was instituted by the Claimant vide a statement of claim dated 26th September 2016. The Respondent filed a Response to the Statement of Claim on 24th October 2019.
2. The Court’s record shows that the suit was last in Court for mention on 26th October 2020 when the same was taken out as the trial judge was on transfer. No further step is shown to have been taken towards prosecution of the suit.
3. On 10th November 2021, the Court’s Deputy Registrar issued a written notice to both parties under Rule 16 of the Employment and Labour Relations Court (Procedure) Rules 2016, calling upon them to attend Court on 23rd November 2021 and show cause why the suit could not be dismissed for want of prosecution. Rule 16 of the Employment and Labour Relations Court (Procedure) Rules 2016 provides:-1. “In any suit where no application has been made in accordance with Rule 15 or no action has been taken by either party within one year from the date of filing, the Court may give notice in writing to the parties to show cause why the suit should not be dismissed and if no reasonable cause is shown to its satisfaction, may dismiss the suit.2. If reasonable cause is given to the satisfaction of the Court, it may make such orders as it thinks fit to obtain the expeditious hearing and determination of the suit.3. Any party to the suit may apply for dismissal as provided in paragraph (1).4. The Court may dismiss the suit for non-compliance with any direction given under this rule.”
4. The Court did not sit on 23rd November 2021 and when the matter finally came up for notice to show cause before me on 30th November 2021, I made the following orders:-(a)the Claimant is granted 7 days to file an affidavit showing cause why the suit should not be dismissed for want of prosecution, failing which the suit shall stand dismissed for want of prosecution.(b)mention on 26/1/2022. ”
5. The foregoing orders were made in the presence of Counsel holding brief for the Claimant’s Counsel. The show cause affidavit was, however, not filed until 18th January 2022. The affidavit was filed on a non-existent suit as the suit herein stood dismissed for want of prosecution by close of the day on 7th December 2021. The affidavit of Jane Akinyi Onyango Advocate sworn on 9th December 2021 and filed in Court on 18th January 2022 is hereby struck down and the Court file herein is ordered closed.
6. Orders accordingly.
DATED, SIGNED AND DELIVERED AT MOMBASA THIS 5TH DAY OF MAY 2022AGNES KITIKU NZEIJUDGEORDERIn view of restrictions on physical Court operations occasioned by the COVID-19 Pandemic, this Ruling has been delivered via Microsoft Teams Online Platform. A signed copy will be availed to each party upon payment of Court fees.AGNES KITIKU NZEIJUDGEAppearance:N/a for ClaimantKabole for Respondent