[2017] KEELRC 1505 (KLR)
The court found that there was no evidence on record to show that the claimant had served summons upon the respondent, a fundamental procedural requirement. Additionally, the claimant failed to take any steps to prosecute the cause for approximately four years and did not comply with the court's direction to file an...
Source-derived case information.
- Citation
- [2017] KEELRC 1505 (KLR)
- Parties
- Claimant: Kenya National Private Security Workers Union; Respondent: Excellent Security Workers Union
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2305 of 2012
- 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 Summons, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya National Private Security Workers Union
Claimant
Excellent Security Workers Union
Respondent
Procedural Posture
Employment Cause / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the claimant served summons upon the respondent as required by law.
- 2 Whether the claimant took reasonable steps to prosecute the cause within a reasonable time.
- 3 Whether the cause should be dismissed for want of prosecution.
Ratio Decidendi
The court found that there was no evidence on record to show that the claimant had served summons upon the respondent, a fundamental procedural requirement. Additionally, the claimant failed to take any steps to prosecute the cause for approximately four years and did not comply with the court's direction to file an affidavit of service. The claimant's advocate was also absent on the scheduled hearing date. These failures amounted to inexcusable delay and lack of diligence, justifying dismissal of the cause for want of prosecution. The court exercised its discretion to dismiss the matter, noting the absence of any action by the claimant and the lack of service upon the respondent.
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
20 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 2305 OF 2012
KENYA NATIONAL PRIVATE SECURITYWORKERS UNION CLAIMANT
v
EXCELLENT SECURITY WORKERS UNION RESPONDENT
RULING
1. The Cause was filed on 15 November 2012. There is nothing on record to show that Summons were served upon the Respondent.
2. Equally there is nothing on record to suggest that the Claimant has taken any steps to progress the Cause for hearing.
3. On 8 March 2017, the Deputy Registrar issued a hearing notice for 4 April 2017, but when the Cause was called out for hearing, Ms. Onyancha appeared for the Claimant and sought the transfer of the Cause to Mombasa, where the cause of action was stated to have arisen.
4. Because there was no evidence on record to show that Summons were served, the Court directed Ms. Onyancha to file an appropriate affidavit of service before 4 April 2017.
5. When the Cause was called out on 4 April 2017, there was no affidavit of service on record. Ms. Onyancha was also not present. Such conduct is unprofessional of an officer of the Court, whether an advocate or Union official.
6. The Court, considering that there is no evidence of service of Summons, no action has been taken for about 4 years and that the Claimant failed to appear on 4 April 2017, 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
Claimant Ms. Onyancha
Respondent no appearance
Court Assistant Nixon