[2016] KEELRC 881 (KLR)
The court found that both parties failed to provide explanations for their absence or lack of representation on the scheduled hearing date. The claimant had been given ample opportunity to instruct an advocate, and the respondent's advocate was aware of the hearing date but failed to attend. In the interest of...
Source-derived case information.
- Citation
- [2016] KEELRC 881 (KLR)
- Parties
- Claimant: David Muriuki Ngare; Respondent: Spin Knit Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Cause 75 of 2014
- Procedural Posture
- Employment Cause / Ruling on Closure of Respondent's Case and Directions for Judgment
- Outcome
- Respondent's case deemed closed; court to proceed to judgment.
- Judges
- MSA Makhandia
- Legal Topics
- Withdrawal of Advocate, Failure to Prosecute, Case Closure, Court Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Muriuki Ngare
Claimant
Spin Knit Limited
Respondent
Procedural Posture
Employment Cause / Ruling on Closure of Respondent's Case and Directions for Judgment
Legal Issues
- 1 Whether the respondent's case should be deemed closed due to non-appearance and lack of representation.
- 2 Whether the claimant's failure to instruct an advocate or appear in court justifies proceeding to judgment.
Ratio Decidendi
The court found that both parties failed to provide explanations for their absence or lack of representation on the scheduled hearing date. The claimant had been given ample opportunity to instruct an advocate, and the respondent's advocate was aware of the hearing date but failed to attend. In the interest of justice and to avoid further delay, the court exercised its discretion to deem the respondent's case as closed. The court directed that it would proceed to prepare and deliver judgment based on the record, as the parties had frustrated the finalisation of the cause through their non-participation.
Court Disposition
Respondent's case deemed closed; court to proceed to judgment.
Orders
- The respondent's case is deemed as closed.
- The court will prepare and deliver judgment.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT
NAKURU
CAUSE NO. 75 OF 2014
(Originally Nakuru Cause CMCC No. 1063 of 2003)
DAVID MURIUKI NGARE CLAIMANT
v
SPIN KNIT LIMITED RESPONDENT
RULING
1. The Claimant’s case was closed on 14 April 2015 and because the Respondent was not ready, its case was adjourned to 20 April 2015.
2. However on 20 April 2015, the parties indicated that they were negotiating for an out of court settlement and the Court allowed them to negotiate.
3. No settlement was reached and on 24 April 2015 the Claimant’s advocate on record sought to withdraw.
4. The Court allowed the application and the Claimant was given time to instruct another advocate.
5. On 26 February 2016, after several mentions to confirm whether the Claimant had instructed an advocate, the Court fixed the hearing of the Respondent’s case for 13 July 2016.
The date was fixed in the presence of the Respondent’s advocate.
6. When the Cause was called out for hearing on 13 July 2016, the Claimant informed the Court that he was ready to proceed with the hearing.
7. The Respondent was not represented and the Court had the file placed aside until 10. 35 am. For unknown reasons, the Claimant was not in Court at 10. 35am, and the Court directed that it would deliver a ruling today.
8. The finalisation of this Cause has been frustrated by the failure of the Claimant to instruct an advocate. The record bears out that a firm of advocate filed a Notice of Change on 3 March 2016 but there was no explanation why there was no representation on 13 July 2016.
9. There was equally no explanation why the Respondent’s advocate was not in Court.
10. In the circumstances, the Court is constrained to order that the Respondent’s case be deemed as closed and it is so ordered.
11. The Court will embark on preparation and delivery of judgment.
Delivered, dated and signed in Nakuru on this 22ndday of July 2016.
Radido Stephen
Judge
Appearances
For Claimant Munene Chege & Co. Advocates
For Respondent Mukite Musangi & Co. Advocates
Court Assistant Nixon