[2016] KEELRC 1332 (KLR)
The court found that the claimant had failed to take any steps to serve or prosecute the cause for over three years since filing. Despite public and specific hearing notices, neither party appeared or was represented at the hearing. In the interest of managing the court's backlog and ensuring efficient...
Source-derived case information.
- Citation
- [2016] KEELRC 1332 (KLR)
- Parties
- Claimant: Kenya Building, Construction, Timber & Furniture Industries Employees Union; Respondent: China National Aero Technology International Engineering Corporation Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1468 of 2013
- Procedural Posture
- Cause / Ruling on Dismissal for Non Prosecution
- Outcome
- dismissed for non-attendance and non-prosecution
- Judges
- MSA Makhandia
- Legal Topics
- Union Dues, Dismissal for Non Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Building, Construction, Timber & Furniture Industries Employees Union
Claimant
China National Aero Technology International Engineering Corporation Ltd
Respondent
Procedural Posture
Cause / Ruling on Dismissal for Non Prosecution
Legal Issues
- 1 Whether the claimant has prosecuted the cause or taken steps to serve the memorandum of claim since filing.
- 2 Whether the cause should be dismissed for non-attendance and non-prosecution.
Ratio Decidendi
The court found that the claimant had failed to take any steps to serve or prosecute the cause for over three years since filing. Despite public and specific hearing notices, neither party appeared or was represented at the hearing. In the interest of managing the court's backlog and ensuring efficient administration of justice, the court exercised its discretion to dismiss the cause for non-attendance and non-prosecution.
Court Disposition
dismissed for non-attendance and non-prosecution
Orders
- The cause is dismissed for non-attendance and non-prosecution.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 1468 OF 2013
KENYA BUILDING, CONSTRUCTION, TIMBER
& FURNITURE INDUSTRIES EMPLOYEES UNION CLAIMANT
v
CHINA NATIONAL AERO TECHNOLOGY
INTERNATIONAL ENGINEERING CORPORATION LTD RESPONDENT
RULING
The Claimant commenced legal proceedings against the Respondent on 10 September 2013 alleging refusal by the Respondent to deduct and remit union dues.
There is nothing on the record to suggest that the Claimant has taken steps to serve the Memorandum of Claim and/or prosecute the Cause since filing.
As a way to deal with the backlog in the Court’s Nairobi registry, the Deputy Registrar notified the public through online and newspaper notices of a service week running from 18 April 2016 to 22 April 2016.
Specific hearing notices were also sent to the litigants and or their Advocates.
When this Cause was called out for hearing, there was no appearance/representation for the parties.
The Court therefore orders that this Cause be dismissed for non-attendance and non-prosecution as no steps have been taken for over 3 years.
Delivered, dated and signed in Nairobi this 22nd day of April 2016.
Radido Stephen
Judge
Court Assistant Nixon