[2020] KEELRC 41 (KLR)

[2020] KEELRC 41 (KLR)

The court found that the appellant failed to demonstrate any meaningful effort to prosecute the appeal, relying solely on a letter dated 15th October 2019 without further action or evidence of diligence. The absence of steps to progress the appeal justified the striking out of the appeal for want of prosecution....

Source-derived case information.

Citation
[2020] KEELRC 41 (KLR)
Parties
Appellant: English Press Limited; Respondent: Ben Simiyu Biyobo
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Cause 66 of 2018
Procedural Posture
Employment and Labour Appeal / Ruling on Motion to Strike Out Appeal
Outcome
appeal struck out with costs to respondent
Judges
AN Makau
Legal Topics
Appeal Striking Out, Costs Award, Failure to Prosecute, Procedural Compliance
Source Language
en
Employment and Labour Appeal Striking Out Costs Award Failure to Prosecute Procedural Compliance

Source-derived case record

Summary, issues, holding and outcome

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Parties

English Press Limited

Appellant

Ben Simiyu Biyobo

Respondent

Procedural Posture

Employment and Labour Appeal / Ruling on Motion to Strike Out Appeal

Legal Issues

  1. 1 Whether the appeal should be struck out for want of prosecution.
  2. 2 Whether the appellant made sufficient efforts to progress the appeal.
  3. 3 Whether costs should be awarded to the respondent.

Ratio Decidendi

The court found that the appellant failed to demonstrate any meaningful effort to prosecute the appeal, relying solely on a letter dated 15th October 2019 without further action or evidence of diligence. The absence of steps to progress the appeal justified the striking out of the appeal for want of prosecution. Consequently, the court exercised its discretion to award costs to the respondent/applicant, assessing them at Kshs. 20,000, in line with the principle that costs follow the event. The appeal was therefore struck out with costs to the respondent/applicant.

Court Disposition

appeal struck out with costs to respondent

Orders

  • The appeal is struck out.
  • The appellant shall pay costs assessed at Kshs. 20,000 to the respondent/applicant.