[2017] KEELRC 1490 (KLR)
The court found that there was no evidence on record to show that the Notice of Summons and the Memorandum of Claim were served upon the respondent. Furthermore, neither party attended court on the scheduled date for the Notice to Show Cause. In the absence of proof of service and in light of the parties'...
Source-derived case information.
- Citation
- [2017] KEELRC 1490 (KLR)
- Parties
- Applicant: Joseph Kamande Suleiman; Respondent: East African Construction Co. Ltd.
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1105 of 2014
- Procedural Posture
- Employment Cause / Ruling on Notice to Show Cause for Dismissal
- Outcome
- cause dismissed for want of prosecution
- Judges
- MSA Makhandia
- Legal Topics
- Dismissal for Want of Prosecution, Service of Summons, Notice to Show Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Kamande Suleiman
Applicant
East African Construction Co. Ltd.
Respondent
Procedural Posture
Employment Cause / Ruling on Notice to Show Cause for Dismissal
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution due to lack of service and non-attendance.
- 2 Whether there was proper service of summons and memorandum of claim upon the respondent.
Ratio Decidendi
The court found that there was no evidence on record to show that the Notice of Summons and the Memorandum of Claim were served upon the respondent. Furthermore, neither party attended court on the scheduled date for the Notice to Show Cause. In the absence of proof of service and in light of the parties' non-attendance, the court exercised its discretion to dismiss the cause for want of prosecution. The dismissal was made without an order as to costs, reflecting the procedural default rather than a determination on the merits.
Court Disposition
cause dismissed for want of prosecution
Orders
- The Cause is dismissed for want of prosecution with no order as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 1105 OF 2014
JOSEPH KAMANDE SULEIMAN…………………..CLAIMANT
v
EAST AFRICAN CONSTRUCTION CO. LTD.…RESPONDENT
RULING
1. This Cause was filed in Court on 2 July 2014.
2. There is nothing on record to show that Notice of Summons and the Memorandum of Claim were served upon the Respondent.
3. On 8 March 2017, the Deputy Registrar issued a Notice to Show Cause why the suit should not be dismissed, with a return date of 6 April 2017, as part of the service week.
4. The parties did not attend Court on 6 April 2017.
5. Considering that there is no evidence of service of Summons, and the failure to appear in Court on 6 April 2017, the Court orders that the Cause be dismissed with no order as to costs.
Delivered, dated and signed in Nairobi on this 7th day of April 2017.
Radido Stephen
Judge
Appearances
For Claimant Namada & Co. Advocates
For Respondent did not file papers
Court Assistant Nixon