[2017] KEELRC 1479 (KLR)
The court found that the Claimant had failed to take any steps to prosecute the case for over two years and did not attend court in response to the Notice to Show Cause. This inaction amounted to inordinate and inexcusable delay. The court exercised its discretion to dismiss the suit for want of prosecution, noting...
Source-derived case information.
- Citation
- [2017] KEELRC 1479 (KLR)
- Parties
- Applicant: Kenya Shoe & Leather Workers Union; Respondent: Crown Industries Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1205 of 2013
- Procedural Posture
- Employment Cause / Notice to Show Cause Dismissal
- Outcome
- dismissed_for_want_of_prosecution
- Judges
- MSA Makhandia
- Legal Topics
- Dismissal for Want of Prosecution, Notice to Show Cause, Case Management, Court Attendance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Shoe & Leather Workers Union
Applicant
Crown Industries Ltd
Respondent
Procedural Posture
Employment Cause / Notice to Show Cause Dismissal
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution due to inactivity by the Claimant.
- 2 Whether the Claimant's failure to attend court in response to the Notice to Show Cause warrants dismissal of the suit.
Ratio Decidendi
The court found that the Claimant had failed to take any steps to prosecute the case for over two years and did not attend court in response to the Notice to Show Cause. This inaction amounted to inordinate and inexcusable delay. The court exercised its discretion to dismiss the suit for want of prosecution, noting that the Claimant had not demonstrated any interest in pursuing the matter. No order as to costs was made, as the Respondent did not seek costs and there was no evidence of prejudice suffered by the Respondent due to the delay.
Court Disposition
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
19 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 1205 OF 2013
KENYA SHOE & LEATHER WORKERS UNION............CLAIMANT
v
CROWN INDUSTRIES LTD.......................................RESPONDENT
RULING
1. This Cause was filed in Court on 31 July 2013 and a Response was filed on 5 September 2013.
2. The last action taken to progress the Cause for hearing was a request by the Claimant for a hearing date through letter dated 3 September 2014.
3. 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.
4. Only the Respondent’s former legal counsel attended and he informed the Court that the Respondent had briefed a different firm (firm of E.A.O Oyaro & Co. Advocates filed a Notice of Appointment of Advocates on 10 September 2013)
5. 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 E.A.O. Oyaro & Co. Advocates
Court Assistant Nixon