[2017] KEELRC 1498 (KLR)
The court found that there was no evidence on record that the respondent had been served with the notice of summons and memorandum of claim. Additionally, neither party appeared on the scheduled hearing date, and there was no evidence that the hearing notice was served. Given the lack of service and the passage of...
Source-derived case information.
- Citation
- [2017] KEELRC 1498 (KLR)
- Parties
- Claimant: Justus Mueke Mutinda; Respondent: Palm Oil Transporters Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 345 of 2014
- 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, Service of Process, Consolidation of Causes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Justus Mueke Mutinda
Claimant
Palm Oil Transporters Ltd
Respondent
Procedural Posture
Employment Cause / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the respondent was properly served with summons and memorandum of claim.
- 2 Whether the cause should be dismissed for want of prosecution due to lack of service and inordinate delay.
Ratio Decidendi
The court found that there was no evidence on record that the respondent had been served with the notice of summons and memorandum of claim. Additionally, neither party appeared on the scheduled hearing date, and there was no evidence that the hearing notice was served. Given the lack of service and the passage of time since the filing of the cause, the court exercised its discretion to dismiss the cause for want of prosecution, with no order as to costs.
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
21 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 345 OF 2014
JUSTUS MUEKE MUTINDA CLAIMANT
V
PALM OIL TRANSPORTERS LTD RESPONDENT
RULING
1. This Cause was filed on 7 March 2014.
2. According to an affidavit of service filed in Court on 29 May 2014, service of Summons was effected on 14 March 2014.
3. On 9 July 2014, the Court consolidated this Cause with related Causes being Causes Nos 343 of 2014 and 342 of 2014. C
4. On 8 March 2017, the Deputy Registrar issued a hearing notice. The return date was 5 April 2017.
5. None of the parties appeared in Court when the Cause was called out on the return date.
6. Despite there being no evidence on record that the hearing notice was served upon the parties, there is equally no evidence on record that the Claimant served Notice of Summons and Memorandum of Claim upon the Respondent.
7. Considering the fact that there is no evidence that the Respondent was notified of the Cause and the time lapse, 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 Charles Gomba & Co. Advocates
Respondent no papers on record
Court Assistant Nixon