[2016] KEELRC 1348 (KLR)
The court found that the claimant had not taken any steps to serve or prosecute the claim for over four years since filing. Despite public and specific hearing notices, neither party appeared or was represented at the hearing. To manage the court's backlog and in accordance with procedural rules, the court exercised...
Source-derived case information.
- Citation
- [2016] KEELRC 1348 (KLR)
- Parties
- Claimant: Elphas Obel; Respondent: Seweco Paints Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2159 of 2012
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Non Prosecution
- Outcome
- dismissed for non-attendance and non-prosecution
- Judges
- MSA Makhandia
- Legal Topics
- Wrongful Termination, Dismissal for Non Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elphas Obel
Claimant
Seweco Paints Ltd
Respondent
Procedural Posture
Employment Cause / Ruling on Dismissal for Non Prosecution
Legal Issues
- 1 Whether the cause should be dismissed for non-attendance and non-prosecution.
- 2 Whether the claimant took any steps to prosecute the claim since filing.
Ratio Decidendi
The court found that the claimant had not taken any steps to serve or prosecute the claim for over four years since filing. Despite public and specific hearing notices, neither party appeared or was represented at the hearing. To manage the court's backlog and in accordance with procedural rules, the court exercised its discretion to dismiss the cause for non-attendance and non-prosecution.
Court Disposition
dismissed for non-attendance and non-prosecution
Orders
- The cause is dismissed for non-attendance and non-prosecution.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 2159 OF 2012
ELPHAS OBEL CLAIMANT
v
SEWECO PAINTS LTD RESPONDENT
RULING
The Claimant commenced legal proceedings against the Respondent on 24 October 2012 alleging wrongful termination of employment.
There is nothing on the record to suggest that the Claimant has taken steps to serve the Memorandum of Claim and/or prosecute the Cause since filing.
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.
The Court therefore orders that this Cause be dismissed for non-attendance and non-prosecution as no steps have been taken for over 4 years.
Delivered, dated and signed in Nairobi this 21st day of April 2016.
Radido Stephen
Judge
Court Assistant Nixon