[2016] KEELRC 1344 (KLR)
The court found that the claimant had failed to take any steps to serve or prosecute the claim for over four years since the last action in 2012. Despite public and specific hearing notices, neither party appeared or was represented at the hearing. To manage the court's backlog and in accordance with established...
Source-derived case information.
- Citation
- [2016] KEELRC 1344 (KLR)
- Parties
- Claimant: Lawrence Ouma Musumba; Respondent: Gurdev Engineering Construction Co. Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2166 of 2012
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Non Prosecution
- Outcome
- Cause dismissed for non-attendance and non-prosecution.
- Judges
- MSA Makhandia
- Legal Topics
- Unfair Labour Practices, Dismissal for Non Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lawrence Ouma Musumba
Claimant
Gurdev Engineering Construction Co. Ltd
Respondent
Procedural Posture
Employment Cause / Ruling on Dismissal for Non Prosecution
Legal Issues
- 1 Whether the claimant has prosecuted the cause within a reasonable time.
- 2 Whether the cause should be dismissed for want of prosecution and non-attendance.
Ratio Decidendi
The court found that the claimant had failed to take any steps to serve or prosecute the claim for over four years since the last action in 2012. Despite public and specific hearing notices, neither party appeared or was represented at the hearing. To manage the court's backlog and in accordance with established practice, the court exercised its discretion to dismiss the cause for non-attendance and non-prosecution.
Court Disposition
Cause dismissed for non-attendance and non-prosecution.
Orders
- This 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
18 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 2166 OF 2012
LAWRENCE OUMA MUSUMBA................................................CLAIMANT
v
GURDEV ENGINEERING CONSTRUCTION CO. LTD................RESPONDENT
RULING
The Claimant commenced legal proceedings against the Respondent on 24 October 2012 alleging unfair labour practices. The Memorandum of Claim was accompanied with an application.
On 30 October 2012, the firm of M’Njau & Mageto Advocates came on record for the Claimant.
There is nothing on the record to suggest that the Claimant has taken steps to serve the Memorandum of Claim and/or prosecute the Cause since 29 October 2012, when the file was last before Court.
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