[2017] KEELRC 1506 (KLR)
The court found that no action had been taken by any party to progress the Cause for approximately six years, and that none of the parties attended the scheduled hearing on 4 April 2017 despite being served with a hearing notice. The prolonged and unexplained inactivity amounted to want of prosecution. In the...
Source-derived case information.
- Citation
- [2017] KEELRC 1506 (KLR)
- Parties
- Applicant: Lawrence Otieno Owino; Applicant: Monica Mweru Mwangi; Respondent: Gideon Malumbe; Respondent: Kenya Electrical Trades and Allied Workers Union; Respondent: Registrar of Trade Unions
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1747 of 2011
- Procedural Posture
- Cause / Ruling on Dismissal for Want of Prosecution
- Outcome
- Cause dismissed for want of prosecution with no order as to costs.
- Judges
- MSA Makhandia
- Legal Topics
- Trade Union Officials, Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Lawrence Otieno Owino
Applicant
Monica Mweru Mwangi
Applicant
Gideon Malumbe
Respondent
Kenya Electrical Trades and Allied Workers Union
Respondent
Registrar of Trade Unions
Respondent
Procedural Posture
Cause / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the Cause should be dismissed for want of prosecution due to prolonged inactivity.
- 2 Whether any party is entitled to costs upon dismissal.
Ratio Decidendi
The court found that no action had been taken by any party to progress the Cause for approximately six years, and that none of the parties attended the scheduled hearing on 4 April 2017 despite being served with a hearing notice. The prolonged and unexplained inactivity amounted to want of prosecution. In the interests of justice and efficient use of judicial resources, the court exercised its discretion to dismiss the Cause. No order as to costs was made, given the non-participation of all parties.
Court Disposition
Cause dismissed for want of prosecution with no order as to costs.
Orders
- The Cause is dismissed for want of prosecution.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 1747 OF 2011
LAWRENCE OTIENO OWINO.................................................1ST CLAIMANT
MONICA MWERU MWANGI...................................................2ND CLAIMANT
VERSUS
GIDEON MALUMBE...........................................................1ST RESPONDENT
KENYA ELECTRICAL TRADES AND ALLIED
WORKERS UNION............................................................2ND RESPONDENT
REGISTRAR OF TRADE UNIONS....................................3RD RESPONDENT
RULING
1. The Cause was filed on 17 October 2011. It was accompanied with a motion under certificate of urgency seeking to retrain change of 2nd Respondent’s Mount Kenya North branch officials.
2. On 19 October 2011, the Court directed that the motion be served upon the Respondents.
3. During the scheduled inter partes hearing on 11 November 2011, none of the parties attended Court.
4. On 3 January 2012, Onyony & Co. Advocates came on record for the 1st and 2nd Respondents.
5. Since then, there has been no action taken to progress the application on file and/or the Cause for hearing.
6. On 8 March 2017, the Deputy Registrar issued a hearing notice for 4 April 2017, but when the Cause was called out for hearing, none of the parties were present.
7. The Court considering that no action has been taken for about 6 years and that the parties failed to appear for the hearing, 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 Katsoleh & Co. Advocates
1st – 2nd Respondents Onyony & Co. Advocates
3rd Respondent no appearance
Court Assistant Nixon