[2016] KEELRC 1341 (KLR)
The court found that the claimant had failed to take any steps to prosecute the cause since 2012, and neither the claimant nor her advocate appeared at the scheduled hearing despite proper notice. In the interest of expeditious disposal of cases and to address backlog, the court exercised its discretion to dismiss...
Source-derived case information.
- Citation
- [2016] KEELRC 1341 (KLR)
- Parties
- Claimant: Jenniffer Egadwa Mugasia; Respondent: PZ Cussons EA Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 578 of 2011
- 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
- Unfair Termination, Dismissal for Non Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jenniffer Egadwa Mugasia
Claimant
PZ Cussons EA Ltd
Respondent
Procedural Posture
Employment Cause / Ruling on Dismissal for Non Prosecution
Legal Issues
- 1 Whether the claimant's case should be dismissed for want of prosecution and non-attendance.
- 2 Whether the claimant took any steps to prosecute the cause since 2012.
Ratio Decidendi
The court found that the claimant had failed to take any steps to prosecute the cause since 2012, and neither the claimant nor her advocate appeared at the scheduled hearing despite proper notice. In the interest of expeditious disposal of cases and to address backlog, the court exercised its discretion to dismiss the cause for want of prosecution and non-attendance.
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
21 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 578 OF 2011
JENIFFER EGADWA.................................................CLAIMANT
v
PZ CUSSONS EA LTD........................................RESPONDENT
RULING
1. Jenniffer Egadwa Mugasia (Claimant) commenced legal proceedings against PZ Cussons EA Ltd (Respondent) on 18 April 2011 alleging unfair termination of employment The Claim was accompanied with a motion.
2. The Federation of Kenya Employers filed a Notice of Appointment to act for the Respondent on 29 April 2011.
3. The firm of H.M. Mudeizi & Co. Advocates also filed a Memorandum of Appearance for the Respondent on 11 April 2016.
4. The Cause was last placed before Court on 20 November 2012 during which none of the parties appeared.
5. There is nothing on the record to suggest that the Claimant has taken any steps to have the Cause prosecuted from 2012.
6. 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.
7. Specific hearing notices were also sent to the litigants and or their Advocates.
8. When this Cause was called out for hearing, there was no appearance/representation for the Claimant while Mr. Khayenga appeared for the Respondent and he sought the dismissal of the Cause.
9. 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