[2016] KEELRC 250 (KLR)
The court found that the delay in prosecuting the cause was not entirely attributable to the Claimant, as the unavailability of hearing dates in 2015 contributed to the situation. Dismissing the cause at this juncture would not serve the interests of justice. The court therefore declined to dismiss the cause and...
Source-derived case information.
- Citation
- [2016] KEELRC 250 (KLR)
- Parties
- Claimant: Dalmas Orora Okeya; Respondent: Roy Parcels Services Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Cause 636 of 2014
- Procedural Posture
- Employment Cause / Ruling on Application for Dismissal for Want of Prosecution
- Outcome
- Application for dismissal for want of prosecution dismissed. Directions issued for preparation and hearing of the cause.
- Judges
- MSA Makhandia
- Legal Topics
- Dismissal for Want of Prosecution, Case Management, Delay in Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dalmas Orora Okeya
Claimant
Roy Parcels Services Limited
Respondent
Procedural Posture
Employment Cause / Ruling on Application for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the cause should be dismissed for want of prosecution at this stage.
- 2 Whether the interests of justice require the matter to proceed to hearing despite delays.
Ratio Decidendi
The court found that the delay in prosecuting the cause was not entirely attributable to the Claimant, as the unavailability of hearing dates in 2015 contributed to the situation. Dismissing the cause at this juncture would not serve the interests of justice. The court therefore declined to dismiss the cause and instead issued directions to prepare the matter for hearing, including timelines for filing witness statements, further documents, and agreed issues, and set a mention date to confirm compliance and schedule a hearing date.
Court Disposition
Application for dismissal for want of prosecution dismissed. Directions issued for preparation and hearing of the cause.
Orders
- Both parties to file witness statements and any further documents before 16 December 2016.
- Agreed Issues to be filed before 16 January 2017.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAKURU
CAUSE NO. 636 OF 2014
DALMAS ORORA OKEYA CLAIMANT
v
ROY PARCELS SERVICES LIMITED RESPONDENT
RULING
1. The Respondent moved Court through a motion dated 18 October 2016 seeking that the instant Cause be dismissed for want of prosecution.
2. The Claimant filed a replying affidavit in opposition to the motion.
3. When the motion was called out for hearing Mr. Chege was present for the Claimant while Mr. Andama appeared for the Respondent.
4. Unfortunately when the Court finished going through the cause list, Mr. Chege was not in Court. There was no explanation as to his whereabouts.
5. The Cause was first placed before Court on 13 May 2015 for purposes of scheduling a hearing date, but because the diary for the year had been closed, it was stood over generally.
6. The next time the Cause came up was on 8 November 2016, when the Respondent fixed the dismissal application for hearing.
7. Considering the non availability of hearing dates in 2015, the Court is of the view that dismissing the Cause at this juncture would not be in the interest of justice.
8. And in order to prepare the Cause for hearing, the Court directs as follows
(i) Both parties to file witness statements and any further documents before 16 December 2016
(ii) Agreed Issues to be filed before 16 January 2017
(iii) Cause to be mentioned on 27 January 2017 to confirm compliance and schedule a hearing date.
9. Costs in the cause
Delivered, dated and signed in Nakuru on this 2nd day of December 2016.
Radido Stephen
Judge
Appearances
For Claimant Kamau Langat & Co. Advocates
For Respondent Mr. Andama instructed by Kiplenge & Kurgat Advocates
Court Assistants Nixon/Daisy