[2016] KEELRC 1328 (KLR)
The court found that neither party had taken any steps to prosecute or progress the cause for over four years since the last court appearance. Despite public and specific hearing notices, there was no appearance or representation for either party at the scheduled hearing. The court exercised its discretion to...
Source-derived case information.
- Citation
- [2016] KEELRC 1328 (KLR)
- Parties
- Claimant: Kenya Union of Entertainment & Music Industry Employees; Respondent: Zitron Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2205 of 2012
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Non Prosecution
- Outcome
- cause dismissed for non-attendance and want of prosecution
- Judges
- MSA Makhandia
- Legal Topics
- Wrongful Termination, Dismissal for Non Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Union of Entertainment & Music Industry Employees
Claimant
Zitron Ltd
Respondent
Procedural Posture
Employment Cause / Ruling on Dismissal for Non Prosecution
Legal Issues
- 1 Whether the cause should be dismissed for want of prosecution and non-attendance.
- 2 Whether the claimant took any steps to prosecute the matter since the last court appearance.
Ratio Decidendi
The court found that neither party had taken any steps to prosecute or progress the cause for over four years since the last court appearance. Despite public and specific hearing notices, there was no appearance or representation for either party at the scheduled hearing. The court exercised its discretion to dismiss the cause for non-attendance and want of prosecution to manage the backlog and ensure efficient administration of justice.
Court Disposition
cause dismissed for non-attendance and want of prosecution
Orders
- The cause is dismissed for non-attendance and non-prosecution as no steps have been taken for over 4 years.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 2205 OF 2012
KENYA UNION OF ENTERTAINMENT & MUSIC
INDUSTRY EMPLOYEES CLAIMANT
v
ZITRON LTD RESPONDENT
RULING
The Claimant commenced legal proceedings against the Respondent on 1 November 2012 alleging wrongful termination of employment of some w36 employees.
The Respondent filed a Notice of Preliminary Objection on 27 March 2013 and List of Documents on 2 May 2013. The Claimant filed a Reply to the Objection on 10 May 2013.
On 6 June 2013, the Claimant was granted leave to amend the Memorandum of Claim. No amended Memorandum of Claim is on file.
On 17 June 2013, the Respondent files its Response.
There is nothing on the record to suggest that the Claimant has taken steps to prosecute the Cause since it was last in Court on 6 June 2013.
As a way to deal with the backlog in the Court’s Nairobi registry, the Deputy Registrar notified the public through online and newspaper notices of a service week running from 18 April 2016 to 22 April 2016.
Specific hearing notices were also sent to the litigants and or their Advocates.
When this Cause was called out for hearing, there was no appearance/representation for the parties.
The Court therefore orders that this Cause be dismissed for non-attendance and non-prosecution as no steps have been taken for over 4 years.
Delivered, dated and signed in Nairobi this 21st day of April 2016.
Radido Stephen
Judge
Court Assistant Nixon