[2017] KEELRC 1492 (KLR)
The court found that the parties had failed to take any steps to prosecute the Cause for approximately two years and had also failed to attend scheduled hearings despite being served with hearing notices. This prolonged inaction and nonattendance demonstrated a lack of interest in pursuing the matter. The court...
Source-derived case information.
- Citation
- [2017] KEELRC 1492 (KLR)
- Parties
- Claimant: Joseph Kabuthu Wangiri; Respondent: Charles Francis Kiranga
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 360 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, Hearing Nonattendance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Kabuthu Wangiri
Claimant
Charles Francis Kiranga
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 due to prolonged inaction by the parties.
- 2 Whether the absence of parties at scheduled hearings justifies dismissal of the Cause.
Ratio Decidendi
The court found that the parties had failed to take any steps to prosecute the Cause for approximately two years and had also failed to attend scheduled hearings despite being served with hearing notices. This prolonged inaction and nonattendance demonstrated a lack of interest in pursuing the matter. The court exercised its discretion to dismiss the Cause for want of prosecution, holding that the interests of justice require that litigation be conducted expeditiously and that dormant cases should not clog the court system. No order as to costs was made, considering the circumstances.
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. 360 OF 2013
JOSEPH KABUTHU WANGIRI CLAIMANT
V
CHARLES FRANCIS KIRANGA RESPONDENT
RULING
1. The Cause was filed on 10 March 2013 and a Response was filed on 16 April 2013.
2. On 20 March 2014 when the Cause came up for hearing none of the parties were present/represented.
3. When the Cause came up for hearing the second time, on 26 January 2015, the hearing was adjourned because the Respondent was not available.
4. Since then, there has been no action taken to progress the Cause for hearing.
5. On 8 March 2017, the Deputy Registrar issued a hearing notice for 4 April 2017, but when the Cause was called out for hearing, none of the parties were present.
6. The Court, considering that no action has been taken for about 2 years and that the parties failed to appear for the hearing, orders that the Cause be dismissed with no order as to costs.
Delivered, dated and signed in Nairobi on this 6th day of April 2017.
Radido Stephen
Judge
Appearances
Claimant Kariuki Kamau & Partners Advocates
Respondent Wainaina & Karimi Advocates
Court Assistant Nixon