[2017] KEELRC 1495 (KLR)
The court found that both parties had failed to take any steps to prosecute the cause for a prolonged period, despite the matter being fixed for hearing and notices being issued. The absence of both parties at the scheduled hearing and the lack of explanation for the delay justified dismissal of the cause for want...
Source-derived case information.
- Citation
- [2017] KEELRC 1495 (KLR)
- Parties
- Claimant: Margaret Kirigo Mwangi; Respondent: East African Data Handlers Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1702 of 2012
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Want of Prosecution
- Outcome
- cause dismissed for want of prosecution
- Judges
- MSA Makhandia
- Legal Topics
- Dismissal for Want of Prosecution, Case Management, Court Attendance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret Kirigo Mwangi
Claimant
East African Data Handlers Ltd
Respondent
Procedural Posture
Employment Cause / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the cause should be dismissed for want of prosecution due to inaction by both parties.
Ratio Decidendi
The court found that both parties had failed to take any steps to prosecute the cause for a prolonged period, despite the matter being fixed for hearing and notices being issued. The absence of both parties at the scheduled hearing and the lack of explanation for the delay justified dismissal of the cause for want of prosecution. The court exercised its inherent powers to ensure expeditious disposal of cases and prevent abuse of process.
Court Disposition
cause dismissed for want of prosecution
Orders
- The cause is dismissed with no order as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 1702 OF 2012
MARGARET KIRIGO MWANGI CLAIMANT
V
EAST AFRICAN DATA HANDLERS LTD RESPONDENT
RULING
1. The last time this Cause was placed before Court was on 11 October 2013 but the hearing aborted.
2. On 10 December 2014, the Registry at the application of the Claimant fixed the hearing on 17 March 2015. It is not clear from the record why the hearing did not proceed, but since then, the parties have not moved Court.
3. On 7 March 2017, the Deputy Registrar issued a hearing notice for 3 April 2017 but none of the parties were present when the file was called out.
4. The Court therefore orders that the Cause dismissed with no order as to costs.
Delivered, dated and signed in Nairobi on this 5th day of April 2017.
Radido Stephen
Judge
Representations
For Claimant Osoro Omwoyo & Co. Advocates
For Respondents Njeru Nyaga & Co. Advocates
Court Assistant Nixon