[2017] KEELRC 1577 (KLR)
The court found that the claimant had not taken any steps to prosecute her claim since the matter was stood over generally on 4th June 2013. The prolonged inaction demonstrated a lack of interest in pursuing the claim. The court emphasized that parties who initiate litigation must be vigilant and proactive in...
Source-derived case information.
- Citation
- [2017] KEELRC 1577 (KLR)
- Parties
- Claimant: Jacqueline Khasiala Basiye; Respondent: Hand in Hand International
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2033 ‘A’ of 2012
- Procedural Posture
- Employment Cause / Ruling on Application for Dismissal for Want of Prosecution
- Outcome
- claim dismissed for want of prosecution
- Judges
- L Ndolo
- Legal Topics
- Dismissal for Want of Prosecution, Delay in Prosecution, Vigilance in Litigation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacqueline Khasiala Basiye
Claimant
Hand in Hand International
Respondent
Procedural Posture
Employment Cause / Ruling on Application for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the claimant's suit should be dismissed for want of prosecution due to inaction for over two years.
- 2 Whether it is just to keep the respondent under threat of litigation indefinitely.
Ratio Decidendi
The court found that the claimant had not taken any steps to prosecute her claim since the matter was stood over generally on 4th June 2013. The prolonged inaction demonstrated a lack of interest in pursuing the claim. The court emphasized that parties who initiate litigation must be vigilant and proactive in prosecuting their cases. Allowing the matter to remain unresolved would be unjust to the respondent, who should not be kept under the perpetual threat of litigation. Consequently, the court exercised its discretion to dismiss the claim for want of prosecution, with no order as to costs.
Court Disposition
claim dismissed for want of prosecution
Orders
- The claimant's claim is dismissed for want of prosecution.
- There is no order as to costs.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO 2033 ‘A’ OF 2012
JACQUELINE KHASIALA BASIYE………………………….CLAIMANT
VERSUS
HAND IN HAND INTERNATIONAL………..…………….RESPONDENT
RULING
1. The Respondent’s application brought by Notice of Motion dated 4th October 2016 and filed in Court on 28th October 2016 seeks dismissal of the Claimant’s claim for want of prosecution.
2. Pursuant to leave granted by the Court on 10th November 2016, the Claimant was served with the application by substituted service.
3. The application which is supported by the affidavit of Paul Ogunde, Advocate is based on the following grounds:
a) The last active proceedings in this matter were on 4th June 2013 when the matter was stood over generally;
b) For over two (2) years after the suit was stood over generally, the Claimant has failed to set the matter down for hearing;
c) It is evident that the Claimant is no longer interested in prosecuting her claim against the Respondent;
d) It amounts to denial of justice to let this matter hang over the Respondent’s head in perpetuity.
4. A perusal of the court record confirms that since 4th June 2013 when the matter was stood over generally, the Claimant has not taken any steps towards setting down the matter for hearing. I therefore agree with Counsel for the Respondent that the Claimant appears to have lost interest in her claim against the Respondent.
5. Those who initiate court action must be vigilant to pursue their claims and those who have been sued should not be kept under the threat of litigation indefinitely.
6. In light of the foregoing, the Claimant’s claim is dismissed with no order for costs.
7. It is so ordered.
DATED SIGNED AND DELIVERED IN OPEN COURT AT NAIROBITHIS 31STDAY OF MARCH 2017
LINNET NDOLO
JUDGE
Appearance:
No appearance for the Claimant
Mr. Owino for Respondent