[2017] KEELRC 1533 (KLR)
The court found that after the parties were directed to take a hearing date, neither party moved the registry for a date, and the Claimant failed to attend court or provide any explanation after being served with a notice to show cause. The Respondent's application for dismissal was unopposed. The court exercised...
Source-derived case information.
- Citation
- [2017] KEELRC 1533 (KLR)
- Parties
- Claimant: Dorcas Kavutha Mutunga; Respondent: Africa Apparels EPZ Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1544 of 2014
- Procedural Posture
- Employment Cause / Ruling on Notice to Show Cause for Dismissal
- Outcome
- Cause dismissed for want of prosecution.
- Judges
- MSA Makhandia
- Legal Topics
- Dismissal for Want of Prosecution, Notice to Show Cause, Amendment of Pleadings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dorcas Kavutha Mutunga
Claimant
Africa Apparels EPZ Limited
Respondent
Procedural Posture
Employment Cause / Ruling on Notice to Show Cause for Dismissal
Legal Issues
- 1 Whether the Cause should be dismissed for want of prosecution after parties failed to take a hearing date.
- 2 Whether the Claimant provided sufficient cause for non-attendance at the notice to show cause hearing.
Ratio Decidendi
The court found that after the parties were directed to take a hearing date, neither party moved the registry for a date, and the Claimant failed to attend court or provide any explanation after being served with a notice to show cause. The Respondent's application for dismissal was unopposed. The court exercised its discretion to dismiss the Cause for want of prosecution, finding no sufficient cause shown by the Claimant for the delay or non-attendance.
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. 1544 OF 2014
DORCAS KAVUTHA MUTUNGA CLAIMANT
v
AFRICA APPARELS EPZ LIMITED RESPONDENT
RULING
1. This Cause was filed in Court on 4 September 2014 and a Response was filed on 10 December 2014.
2. The hearing commenced on 17 February 2015 but the Claimant was stepped down in order for an Amended Memorandum of Claim to be filed and on 7 May 2015, the Claimant filed an Amended Memorandum of Claim.
3. When the Cause came up for further hearing on 13 May 2015, the Respondent sought for time to file an amended Response.
4. The Court allowed the Respondent time to file an amended Response and directed that a hearing date be taken in the Registry. An amended Response was filed on 20 May 2015.
5. From 13 May 2015 the parties did not move the Registry for a hearing date and on 16 March 2017, the Deputy Registrar issued a Notice to Show Cause as part of the service week.
6. The Claimant’s advocate on record acknowledged receipt of the Show Cause but did not turn up in Court on 6 April 2017.
7. The Respondent therefore applied to have the Cause dismissed.
8. In the circumstances, the Court orders the Cause dismissed with no order as to costs.
Delivered, dated and signed in Nairobi on this 7th day of April 2017.
Radido Stephen
Judge
Appearances
For Claimant Mbichire & Co. Advocates
For Respondent Ms. Ashubwe instructed by Eshiwani & Ashubwe Advocates
Court Assistant Nixon