[2016] KECA 229 (KLR)
The court found that the applicant's representative was properly served with the hearing notice both by registered post and telephone notification. Despite this, the applicant failed to attend court to prosecute the application for extension of time to file an appeal. The respondent opposed the application and...
Source-derived case information.
- Citation
- [2016] KECA 229 (KLR)
- Parties
- Applicant: Kenya Union of Employees of Voluntary and Charitable Organizations (KUEVACO); Respondent: St. John’s Community Centre – Pumwani
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 316 of 2015
- Procedural Posture
- Civil Application / Ruling on Application for Extension of Time to File Appeal
- Outcome
- application dismissed for want of prosecution
- Legal Topics
- Extension of Time, Appeal Out of Time, Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Union of Employees of Voluntary and Charitable Organizations (KUEVACO)
Applicant
St. John’s Community Centre – Pumwani
Respondent
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File Appeal
Legal Issues
- 1 Whether the applicant was properly served with the hearing notice for the application.
- 2 Whether the application for extension of time to file an appeal should be dismissed for want of prosecution.
Ratio Decidendi
The court found that the applicant's representative was properly served with the hearing notice both by registered post and telephone notification. Despite this, the applicant failed to attend court to prosecute the application for extension of time to file an appeal. The respondent opposed the application and requested its dismissal for want of prosecution. The court, satisfied with the service and the applicant's non-attendance, exercised its discretion to dismiss the application for want of prosecution and awarded costs to the respondent.
Court Disposition
application dismissed for want of prosecution
Orders
- The application dated 24th December, 2015 is dismissed for want of prosecution.
- The respondent is awarded costs of the application.
Full Case Text
Judgment text and source record
22 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM : D. MUSINGA, JA. (IN CHAMBERS))
CIVIL APPLICATION NO. 316 OF 2015
BETWEEN
KENYA UNION OF EMPLOYEES OF VOLUNTARY
AND CHARITABLE ORGANIZATIONS (KUEVACO)……..…….APPLICANT
AND
ST. JOHN’S COMMUNITY CENTRE – PUMWANI…………..RESPONDENT
(An application for leave to file out of time, the appeal against the decision of the Industrial Court of Kenya at Nairobi (E. K Mukunya, J) dated the 27thday of May, 2010
in
Interpretation Application No. 1-52 of 2009)
*********************
RULING
The applicant’s application dated 24th December, 2013 seeks extension of time to file an appeal. The applicant’s representative, Odin Boaz Otieno, was served with today’s hearing notice by registered post on 18th August, 2016. I am also informed by Mr. Mwiti, Court clerk, Mr. Otieno was also telephoned and notified of today’s hearing date. He has however not attended court to prosecute the application. The respondent is not conceding the application and has filed and served a replying affidavit upon the applicant. Mr. Njiiri, learned counsel for the respondent, has urged the court to dismiss the application for want of prosecution. I am satisfied that the applicant’s representative was properly served with today’s hearing notice.
Consequently, the application dated 24th December, 2015 is ordered dismissed for want of prosecution. The respondent is awarded costs of the application.
Dated at Nairobi this 7thday of September, 2016.
D. MUSINGA
…………………………
JUDGE OF APPEAL
I certify that this is a true copy of the original
DEPUTY REGISTRAR