[2016] KEELRC 1298 (KLR)
The court found that neither party had taken any steps to prosecute the cause since 2012, and there was no appearance or representation at the scheduled hearing despite proper notification. In accordance with the court's inherent powers and the applicable procedural rules, the cause was dismissed for want of...
Source-derived case information.
- Citation
- [2016] KEELRC 1298 (KLR)
- Parties
- Claimant: Henry Odhiambo; Respondent: Pumwani Glassmart
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 575 of 2011
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Non Prosecution
- Outcome
- cause dismissed for want of prosecution and non-attendance
- Judges
- MSA Makhandia
- Legal Topics
- Wrongful Dismissal, Non Prosecution, Dismissal for Non Attendance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Henry Odhiambo
Claimant
Pumwani Glassmart
Respondent
Procedural Posture
Employment Cause / Ruling on Dismissal for Non Prosecution
Legal Issues
- 1 Whether the cause should be dismissed for want of prosecution and non-attendance by the parties.
Ratio Decidendi
The court found that neither party had taken any steps to prosecute the cause since 2012, and there was no appearance or representation at the scheduled hearing despite proper notification. In accordance with the court's inherent powers and the applicable procedural rules, the cause was dismissed for want of prosecution and non-attendance to facilitate the efficient administration of justice and reduce case backlog.
Court Disposition
cause dismissed for want of prosecution and non-attendance
Orders
- The cause is dismissed for non-attendance and non-prosecution as no steps have been taken for over 5 years.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 575 OF 2011
HENRY ODHIAMBO ..... CLAIMANT
v
PUMWANI GLASSMART RESPONDENT
RULING
Henry Odhiambo (Claimant) commenced legal proceedings Pumwani Glassmart (Respondent) on 18 April 2011 alleging wrongful dismissal.
The Cause was last placed before Court on 28 May 2012 during which none of the parties appeared.
There is nothing on the record to suggest that the Claimant has taken any steps to have the Cause prosecuted from 2012.
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 5 years.
Delivered, dated and signed in Nairobi this 20th day of April 2016.
Radido Stephen
Judge
Court Assistant Nixon