[2017] KEELRC 1543 (KLR)
The court found that the claimant had failed to take any steps to progress the cause for over two years and did not attend court in response to the notice to show cause. The respondent also failed to attend. The court held that the inordinate delay and lack of action by the claimant justified dismissal of the suit...
Source-derived case information.
- Citation
- [2017] KEELRC 1543 (KLR)
- Parties
- Claimant: Kenya National Private Security Workers Union; Respondent: Collindale Security Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2180 of 2012
- Procedural Posture
- Cause / Ruling on Notice to Show Cause for Dismissal
- Outcome
- cause dismissed for want of prosecution
- Judges
- MSA Makhandia
- Legal Topics
- Union Recognition, Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya National Private Security Workers Union
Claimant
Collindale Security Ltd
Respondent
Procedural Posture
Cause / Ruling on Notice to Show Cause for Dismissal
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution.
- 2 Whether the claimant made any attempt to progress the cause within the required period.
- 3 Whether there is justification for non-attendance by the parties in response to the notice to show cause.
Ratio Decidendi
The court found that the claimant had failed to take any steps to progress the cause for over two years and did not attend court in response to the notice to show cause. The respondent also failed to attend. The court held that the inordinate delay and lack of action by the claimant justified dismissal of the suit for want of prosecution. There was no justification provided for the non-attendance or the delay. Accordingly, the cause was dismissed 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. 2180 OF 2012
KENYA NATIONAL PRIVATE SECURITY WORKERS UNION CLAIMANT
v
COLLINDALE SECURITY LTD RESPONDENT
RULING
1. This Cause was filed in Court on 29 October 2012.
2. On 16 June 2014, the Claimant requested the Court to order the Labour Office to ascertain whether the Union had met the test for grant of recognition.
3. The Court directed the Labour Office to conduct the exercise and file a report with the Court. The Cause was scheduled for mention on 9 July 2014. None of the parties attended Court on 9 July 2014.
4. 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.
5. The Respondents advocate acknowledged receipt of the Notice on 24 March 2017.
6. None of the parties attended Court on 6 April 2017 as required by the Notice.
7. Considering that the Claimant has made no attempt to progress the Cause for over 2 years and its failure to attend Court in response to the Show Cause, 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 In person
For Respondent Musyoki Mogaka & Co. Advocates
Court Assistant Nixon