[2016] KEELRC 1299 (KLR)
The court found that neither party had taken any steps to prosecute the cause since April 2012, and there was no appearance or representation when the matter was called for hearing during the service week. Given the prolonged inactivity of over five years and in the interest of managing the court's backlog, the...
Source-derived case information.
- Citation
- [2016] KEELRC 1299 (KLR)
- Parties
- Claimant: Isinya Roses Ltd; Respondent: Kenya Plantation & Agricultural Workers Union
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 362 of 2012
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Non Prosecution
- Outcome
- cause dismissed for non-attendance and want of prosecution
- Judges
- MSA Makhandia
- Legal Topics
- Strike Injunctions, Dismissal for Non Prosecution, Conciliation Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isinya Roses Ltd
Claimant
Kenya Plantation & Agricultural Workers Union
Respondent
Procedural Posture
Employment Cause / Ruling on Dismissal for Non Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution and non-attendance by the parties.
- 2 Whether the parties took any steps to prosecute the cause after referral to conciliation.
Ratio Decidendi
The court found that neither party had taken any steps to prosecute the cause since April 2012, and there was no appearance or representation when the matter was called for hearing during the service week. Given the prolonged inactivity of over five years and in the interest of managing the court's backlog, the court exercised its discretion to dismiss the cause for want of prosecution and non-attendance. The court relied on its inherent powers and the provisions of the Civil Procedure Rules to ensure expeditious disposal of cases and to prevent abuse of the court process.
Court Disposition
cause dismissed for non-attendance and want of prosecution
Orders
- The cause is dismissed for non-attendance and non-prosecution.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 362 OF 2012
ISINYA ROSES LTD CLAIMANT
v
KENYA PLANTATION & AGRICULTURAL
WORKERS UNION RESPONDENT
RULING
The Claimant commenced legal proceedings against the Respondents on 6 March 2012 seeking to stop a purported illegal strike called by the Respondent.
Orders were issued on 14 March 2012 calling off the strike and sending the parties to conciliation before the Commissioner of Labour.
There is nothing on the record to suggest that the Claimant has taken steps to prosecute the Cause since 4 April 2012 when the Cause was last in Court (it also appears that this Cause was consolidated with Cause 363 OF 2012, P.J. Dave Flora Ltd v Kenya Plantation & Agricultural Workers Union).
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