[2017] KEELRC 1480 (KLR)
The court determined that, although both parties were absent at the scheduled hearing, the Claimant had previously demonstrated an intention to prosecute the Cause by filing a list of witnesses. In the interests of justice and fair hearing, the court exercised its discretion to grant the Claimant one final...
Source-derived case information.
- Citation
- [2017] KEELRC 1480 (KLR)
- Parties
- Claimant: Joseph Mumo; Respondent: Kyanzavi Farmers Co. Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 286 of 2013
- Procedural Posture
- Employment Cause / Interlocutory Ruling on Progression and Dismissal Notice
- Outcome
- Claimant granted one final opportunity to prosecute; dismissal notice to be issued.
- Judges
- MSA Makhandia
- Legal Topics
- Dismissal for Non Attendance, Case Management, Hearing Notice, Progression of Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Mumo
Claimant
Kyanzavi Farmers Co. Limited
Respondent
Procedural Posture
Employment Cause / Interlocutory Ruling on Progression and Dismissal Notice
Legal Issues
- 1 Whether the Cause should be dismissed for want of prosecution due to the absence of the parties at the hearing.
- 2 Whether the Claimant should be granted a final opportunity to prosecute the Cause.
Ratio Decidendi
The court determined that, although both parties were absent at the scheduled hearing, the Claimant had previously demonstrated an intention to prosecute the Cause by filing a list of witnesses. In the interests of justice and fair hearing, the court exercised its discretion to grant the Claimant one final opportunity to progress the Cause before considering dismissal for want of prosecution. The Deputy Registrar was directed to issue a dismissal notice to the parties, signaling that failure to take further action would result in the Cause being dismissed.
Court Disposition
Claimant granted one final opportunity to prosecute; dismissal notice to be issued.
Orders
- Deputy Registrar to issue a dismissal notice to the parties.
- Cause to stand over generally pending compliance with the dismissal notice.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 286 OF 2013
JOSEPH MUMO.......................................................CLAIMANT
VERSUS
KYANZAVI FARMERS CO. LIMITED................RESPONDENT
RULING
1. This Cause was filed on 1st March 2013 and a Response was filed on 10th April 2013.
2. On 23rd September 2015, the Cause was stood over generally because the Claimant was absent.
3. On 20th April 2016, the Claimant filed his list of witnesses.
4. On 8th March, 2017 the Deputy Registrar of the Court issued a hearing notice which was served upon the parties through post and recorded delivery on 14th March 2017, but when the Cause was called for hearing on 3rd April 2017, the parties were absent.
5. Considering that the Claimant acting in person made an attempt to progress the Cause about one a half years ago, the Court will give him one last chance.
6. Deputy Registrar therefore directed to issue a dismissal notice to the parties.
Delivered, dated and signed in Nairobi on this 5th day of April 2017.
Radido Stephen
Judge
Representations
For Claimant In person
For Respondent J.M. Mutua & Co. Advocates
Court Assistant Nixon