[2017] KEELRC 1499 (KLR)
The court found that, although there had been a delay in prosecuting the claim, the claimant had made an attempt to progress the cause for hearing within the previous year. Dismissing the suit at this stage would be unfair without giving the claimant another opportunity to be heard. Therefore, the court exercised...
Source-derived case information.
- Citation
- [2017] KEELRC 1499 (KLR)
- Parties
- Claimant: Martin Owiti Ogola; Respondent: Alpha Knits Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 394 of 2014
- Procedural Posture
- Employment Cause / Ruling on Notice to Show Cause for Dismissal
- Outcome
- notice to show cause to be re-issued; cause not dismissed
- Judges
- MSA Makhandia
- Legal Topics
- Dismissal for Want of Prosecution, Notice to Show Cause, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martin Owiti Ogola
Claimant
Alpha Knits Ltd
Respondent
Procedural Posture
Employment Cause / Ruling on Notice to Show Cause for Dismissal
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution due to delay by the claimant.
- 2 Whether the claimant should be given another opportunity to prosecute the cause.
Ratio Decidendi
The court found that, although there had been a delay in prosecuting the claim, the claimant had made an attempt to progress the cause for hearing within the previous year. Dismissing the suit at this stage would be unfair without giving the claimant another opportunity to be heard. Therefore, the court exercised its discretion to direct the Deputy Registrar to issue another notice to show cause, rather than dismissing the cause outright.
Court Disposition
notice to show cause to be re-issued; cause not dismissed
Orders
- The Deputy Registrar is directed to issue another Notice to Show Cause to the parties.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 394 OF 2014
MARTIN OWITI OGOLA CLAIMANT
V
ALPHA KNITS LTD RESPONDENT
RULING
1. This Cause was filed in Court on 17 March 2014.
2. The Federation of Kenya Employers entered Appearance for the Respondent on 16 December 2014.
3. The last action in the file was a request for a hearing date through letter dated 19 February 2016.
4. On 8 March 2017, the Deputy Registrar issued a Notice to Show Cause why the suit should not be dismissed, with a return date of 6 April 2017, as part of the service week.
5. Only the Respondent’s attended and its legal counsel applied to have the Cause dismissed for delay in prosecuting the Claim.
6. Considering that the Claimant made an attempt to progress the Cause for hearing just a year ago, it would not be fair to dismiss the Cause without giving him another chance.
7. The Court therefore directs the Deputy Registrar to issue another Notice to Show Cause to the parties.
Delivered, dated and signed in Nairobi on this 7th day of April 2017.
Radido Stephen
Judge
Appearances
For Claimant Gakoi Maina & Co. Advocates
For Respondent Federation of Kenya Employers
Court Assistant Nixon