[2017] KEELRC 1527 (KLR)
The court found that the Claimants had failed to take any steps to prosecute the Cause since the last court appearance in September 2014, despite being served with a hearing notice in March 2017. The Claimants and their advocate did not appear at the scheduled hearing on 3rd April 2017 and provided no explanation...
Source-derived case information.
- Citation
- [2017] KEELRC 1527 (KLR)
- Parties
- Applicant: John Oyucho; Applicant: Erastus Wabolinga; Applicant: Charles Ondieki; Respondent: Registrar of Trade Unions; Interested Party: Kenya Union of Post Primary Education Teachers
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2081B of 2012
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Want of Prosecution
- Outcome
- Cause dismissed for want of prosecution. No order as to costs.
- 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
John Oyucho
Applicant
Erastus Wabolinga
Applicant
Charles Ondieki
Applicant
Registrar of Trade Unions
Respondent
Kenya Union of Post Primary Education Teachers
Interested Party
Procedural Posture
Employment Cause / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the Cause should be dismissed for want of prosecution due to inaction by the Claimants.
- 2 Whether the absence of the Claimants or their advocate at the hearing warrants dismissal of the Cause.
Ratio Decidendi
The court found that the Claimants had failed to take any steps to prosecute the Cause since the last court appearance in September 2014, despite being served with a hearing notice in March 2017. The Claimants and their advocate did not appear at the scheduled hearing on 3rd April 2017 and provided no explanation for their absence. The Respondent applied for dismissal for want of prosecution. The court, exercising its discretion under the Civil Procedure Rules and guided by the need for expeditious disposal of cases, determined that the prolonged inaction and non-appearance by the Claimants justified dismissal of the Cause. No order as to costs was made.
Court Disposition
Cause dismissed for want of prosecution. No order as to costs.
Orders
- The Cause is dismissed for want of prosecution.
- There is no order as to costs.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 2081B OF 2012
JOHN OYUCHO…………………….……………..………… 1ST CLAIMANT
ERASTUS WABOLINGA………..…….…………………….2ND CLAIMANT
CHARLES ONDIEKI……………..………………………….3RD CLAIMANT
VERSUS
REGISTRAR OF TRADE UNIONS………..……..…………RESPONDENT
AND
KENYA UNION OF POST PRIMARY
EDUCATION TEACHERS…………………..….……INTERESTED PARTY
RULING
1. This Cause was filed on 10th October 2012 and was accompanied with a motion under certificate of urgency.
2. On 13th May 2013, Mbaru J dismissed a preliminary objection by the Respondent and directed that the Cause proceed to hearing on the merits.
3. The last time the Cause was before Court was on 16th September 2014 when the Court directed that dates to be taken in the Registry.
4. There has been no action by the parties to progress the Cause for hearing and on 8th March 2017, the Deputy Registrar issued hearing notice to the parties.The Claimant’s advocate acknowledged service on 16th March 2017.
5. When the Cause was called out for hearing on 3rd April 2017, Mr. Masese for the Respondent sought for the dismissal of the Cause for want of prosecution.
6. The Court dismisses the Cause due to non-appearance of the Claimant and/or their advocate 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 Oduor Henry John & Co. Advocates
For Respondent Mr. Masese instructed by Mariaria & Co. Advocates
Court Assistant Nixon