[2017] KEELRC 1493 (KLR)
The Court found that the Claimant failed to take any steps to progress the Cause for over two years, did not provide evidence of service of Summons, and failed to attend the scheduled hearing on 4 April 2017. These failures amounted to inordinate delay and lack of prosecution. In the absence of any explanation or...
Source-derived case information.
- Citation
- [2017] KEELRC 1493 (KLR)
- Parties
- Applicant: Kenya National Private Security Workers Union; Respondent: Bedrock Holding Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1555 of 2013
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Want of Prosecution
- Outcome
- Cause dismissed for want of prosecution with no order as to costs.
- Judges
- MSA Makhandia
- Legal Topics
- Dismissal for Want of Prosecution, Service of Summons, Hearing Nonattendance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya National Private Security Workers Union
Applicant
Bedrock Holding Limited
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 inaction by the Claimant.
- 2 Whether there was proper service of Summons on the Respondent.
- 3 Whether the Claimant's absence at the scheduled hearing warrants dismissal of the Cause.
Ratio Decidendi
The Court found that the Claimant failed to take any steps to progress the Cause for over two years, did not provide evidence of service of Summons, and failed to attend the scheduled hearing on 4 April 2017. These failures amounted to inordinate delay and lack of prosecution. In the absence of any explanation or attendance by the Claimant, and with no evidence of service on the Respondent, the Court exercised its discretion to dismiss the Cause for want of prosecution. The dismissal was made without an order as to costs, considering the circumstances and the absence of both parties at the hearing.
Court Disposition
Cause dismissed for want of prosecution with no order as to costs.
Orders
- The Cause is dismissed for want of prosecution.
- There shall be 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. 1555 OF 2013
KENYA NATIONAL PRIVATE SECURITY WORKERS UNION CLAIMANT
V
BEDROCK HOLDING LIMITED RESPONDENT
RULING
1. This Cause was filed on 27 September 2013.
2. However, there is no affidavit of service on record to prove service of Summons.
3. On 19 June 2014, the hearing was scheduled for 16 September 2014 at the request of the Claimant. The Claimant did not appear on the hearing date and matter was stood over generally.
4. On 8 March 2017, the Deputy Registrar issued a hearing notice to the parties with a return date of 4 April 2017.
5. When the Cause was called out for hearing none of the parties were in Court.
6. Considering the time lapse of over 2 years before taking any move to progress the Cause for hearing, lack of evidence of service of Summons and the failure by the Claimant to appear in Court on 4 April 2017, the Court 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
For Claimant Union
For Respondent no appearance
Court Assistant Nixon