[2017] KEELRC 1502 (KLR)
The court found that there was no evidence on record that the claimant had served the respondent with the Notice of Summons and Memorandum of Claim, nor was there any attempt by the claimant to progress the cause for hearing. Additionally, neither party appeared on the scheduled hearing date. For these reasons, the...
Source-derived case information.
- Citation
- [2017] KEELRC 1502 (KLR)
- Parties
- Claimant: Martin Wachira; Respondent: Maji Mazuri Centre International
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 924 of 2014
- Procedural Posture
- 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, Service of Process, Non Appearance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martin Wachira
Claimant
Maji Mazuri Centre International
Respondent
Procedural Posture
Cause / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the claimant served the respondent with the Notice of Summons and Memorandum of Claim.
- 2 Whether the claimant took steps to prosecute the cause.
- 3 Whether the cause should be dismissed for want of prosecution.
Ratio Decidendi
The court found that there was no evidence on record that the claimant had served the respondent with the Notice of Summons and Memorandum of Claim, nor was there any attempt by the claimant to progress the cause for hearing. Additionally, neither party appeared on the scheduled hearing date. For these reasons, the court exercised its discretion to dismiss the cause for want of prosecution, with no order as to costs.
Court Disposition
cause dismissed for want of prosecution
Orders
- The cause is dismissed for want of prosecution.
- There is no order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 924 OF 2014
MARTIN WACHIRA CLAIMANT
v
MAJI MAZURI CENTRE INTERNATIONAL RESPONDENT
RULING
1. The Cause was filed on 3 June 2014.
2. There is nothing on record to show that Notice of Summons and the Memorandum of Claim were served upon the Respondent.
3. There is equally nothing on record to show any attempt by the Claimant to progress the Cause for hearing.
4. On8 March 2017, the Deputy Registrar issued a hearing notice scheduled for 4 April 2017.
5. When the Cause was called out for hearing as scheduled, there was no appearance or representation from any of the parties.
6. In the circumstances, and for the twin reasons of not moving to prosecute the Cause and failing to appear during the dated scheduled for hearing, the Court orders the Cause dismissed with no order as to costs.
Delivered, dated and signed in Nairobi on this 6th day of April 2017.
Radido Stephen
Judge
Representations
Claimant in person
Respondent did not file any papers
Court Assistant Nixon