[2017] KEELRC 1537 (KLR)
The court found that neither party had taken steps to progress the hearing of the Cause since its filing, and both parties failed to attend court when the matter was scheduled for hearing. In the absence of any action or attendance, the court exercised its discretion to dismiss the Cause for want of prosecution,...
Source-derived case information.
- Citation
- [2017] KEELRC 1537 (KLR)
- Parties
- Applicant: Jane Wanjiku Macharia; Respondent: Father Gusto Calimeri; Respondent: Fridah Karwirwa; Respondent: Lucy Kuria
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 387 of 2013
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Want of Prosecution
- Outcome
- Cause dismissed for want of prosecution.
- Judges
- MSA Makhandia
- Legal Topics
- Dismissal for Want of Prosecution, Case Management, Court Attendance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Wanjiku Macharia
Applicant
Father Gusto Calimeri
Respondent
Fridah Karwirwa
Respondent
Lucy Kuria
Respondent
Procedural Posture
Employment Cause / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the Cause should be dismissed for want of prosecution.
Ratio Decidendi
The court found that neither party had taken steps to progress the hearing of the Cause since its filing, and both parties failed to attend court when the matter was scheduled for hearing. In the absence of any action or attendance, the court exercised its discretion to dismiss the Cause for want of prosecution, with no order as to costs.
Court Disposition
Cause dismissed for want of prosecution.
Orders
- The Cause is dismissed for want of prosecution.
- There is no order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 387 OF 2013
JANE WANJIKU MACHARIA……………………….…………CLAIMANT
VERSUS
FATHER GUSTO CALIMERI…………………………..1ST RESPONDENT
FRIDAH KARWIRWA…………………………………2ND RESPONDENT
LUCY KURIA…………………………………………..3RD RESPONDENT
RULING
1. This Cause was filed on 22 March 2013 and a Response was filed on 19th April 2013.
2. There is nothing on record to suggest that any of the parties have taken steps to progress the hearing of the Cause.
3. The Deputy Registrar of the Court issued a hearing notice on 8 March 2017 which was served upon the Claimant’s Advocate on 15 March 2017, but when the Cause was called for hearing on 3 April 2017, the Claimant’s advocate was not in Court. Respondent was also absent.
4. In the circumstances, the Court dismisses the Cause with no order as to costs.
Delivered, dated and signed in Nairobi on this 5th day of April 2017.
Radido Stephen
Judge
Representations
For Claimant Moses Odawa & Co. Advocates
For Respondent Federation of Kenya Employers
Assistant Court Nixon