[2016] KEELRC 1317 (KLR)
The court found that the claimant had failed to take any steps to prosecute the case for over five years after being granted leave to amend the claim and had not filed or served an amended memorandum of claim. Despite public and specific hearing notices, the claimant failed to attend court or be represented. The...
Source-derived case information.
- Citation
- [2016] KEELRC 1317 (KLR)
- Parties
- Claimant: Momanyi Boraya Evans; Respondent: One World Courier Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 511 of 2011
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Non Prosecution
- Outcome
- dismissed for want of prosecution and non-attendance
- Judges
- MSA Makhandia
- Legal Topics
- Unfair Termination, Dismissal for Non Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Momanyi Boraya Evans
Claimant
One World Courier Ltd
Respondent
Procedural Posture
Employment Cause / Ruling on Dismissal for Non Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution and non-attendance by the claimant.
Ratio Decidendi
The court found that the claimant had failed to take any steps to prosecute the case for over five years after being granted leave to amend the claim and had not filed or served an amended memorandum of claim. Despite public and specific hearing notices, the claimant failed to attend court or be represented. The respondent's application for dismissal was therefore merited, and the court exercised its discretion to dismiss the cause for want of prosecution and non-attendance, in line with the principles of expeditious disposal of cases and the need to manage court backlogs.
Court Disposition
dismissed for want of prosecution and non-attendance
Orders
- The cause is dismissed for non-attendance and non-prosecution.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 511 OF 2011
MOMANYI BORAYA EVANS............................... CLAIMANT
v
ONE WORLD COURIER LTD..............................RESPONDENT
RULING
The Claimant commenced legal proceedings against the Respondent on 5 April 2011 alleging unfair termination of employment.
The Respondent filed a Response on 19 April 2011.
The Cause was last placed before Court on 29 November 2013 when the Claimant sought and was granted leave to amend the Claim.
There is nothing on the record to suggest that the Claimant filed and served an Amended Memorandum of Claim or has taken any steps to have the Cause prosecuted from 2014 when it sought a hearing date.
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 Claimant. Mr. Khayega for the Respondent therefore applied to have the Cause dismissed.
The Court therefore orders that this Cause be dismissed for non-attendance and non-prosecution as no steps have been taken for over 5 years.
Delivered, dated and signed in Nairobi this 20th day of April 2016.
Radido Stephen
Judge
Court Assistant Nixon