[2016] KEELRC 1313 (KLR)
The court found that the claimant had made a recent attempt to have the matter heard by writing to the court and seeking a hearing date. In the absence of evidence of deliberate inaction or abandonment, and in the interest of justice, the court determined that the claimant should be given another opportunity to...
Source-derived case information.
- Citation
- [2016] KEELRC 1313 (KLR)
- Parties
- Claimant: Edwin Lugohe Mugala; Respondent: Tiger Brands Kenya Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 560 of 2011
- Procedural Posture
- Employment Cause / Interlocutory Ruling
- Outcome
- adjourned_for_directions
- Judges
- MSA Makhandia
- Legal Topics
- Wrongful Dismissal, Industrial Injury, Case Management, Hearing Dates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edwin Lugohe Mugala
Claimant
Tiger Brands Kenya Ltd
Respondent
Procedural Posture
Employment Cause / Interlocutory Ruling
Legal Issues
- 1 Whether the claimant should be granted another opportunity to have the cause heard after previous non-attendance by both parties.
- 2 Whether the matter should be dismissed for want of prosecution or fixed for further directions.
Ratio Decidendi
The court found that the claimant had made a recent attempt to have the matter heard by writing to the court and seeking a hearing date. In the absence of evidence of deliberate inaction or abandonment, and in the interest of justice, the court determined that the claimant should be given another opportunity to prosecute the cause. The matter was therefore directed to be placed before the Deputy Registrar for further directions as to hearing date, rather than being dismissed for want of prosecution.
Court Disposition
adjourned_for_directions
Orders
- The cause is to be placed before the Deputy Registrar on 17 May 2016 for directions as to hearing date.
- The Deputy Registrar is to notify the parties' advocates on record.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 560 OF 2011
EDWIN LUGOHE MUGALA CLAIMANT
v
TIGER BRANDS KENYA LTD RESPONDENT
RULING
The Claimant commenced legal proceedings against Tiger Brands Kenya Ltd (Respondent) on 12 April 2011 wrongful dismissal and industrial injury.
A Response was filed on 13 June 2012.
The Cause was last placed before Court on 13 May 2013 when the parties were directed to file and exchange documents.
On 4 November 2015, the Claimant wrote to the Court seeking a hearing date and a hearing date of 26 January 2016 was fixed.
There is nothing on the record to suggest that the file was placed before Court on the scheduled hearing date.
As a way to deal with the backlog in the Court’s Nairobi registry, the Deputy Registrar notified the public through online and newspaper notices of a service week running from 18 April 2016 to 22 April 2016.
Specific hearing notices were also sent to the litigants and or their Advocates.
When this Cause was called out for hearing, there was no appearance/representation for the parties.
It is clear that the Claimant has made an attempt to fix the Cause for hearing in the recent past and he should be given another chance.
The Court therefore orders that this Cause be placed before the Deputy registrar on 17 May 2016 for directions as to hearing date.
The Deputy Registrar should notify the parties advocates on record.
Delivered, dated and signed in Nairobi this 20th day of April 2016.
Radido Stephen
Judge
Court Assistant Nixon