[2017] KEELRC 1511 (KLR)
The court found that there had been no action taken to prosecute the Cause for approximately three years, and that both parties failed to appear at the scheduled hearing despite due notice. The court exercised its discretion to dismiss the Cause for want of prosecution, holding that the prolonged inactivity and...
Source-derived case information.
- Citation
- [2017] KEELRC 1511 (KLR)
- Parties
- Applicant: Mutua Kavua; Respondent: Mandeep Singh Construction (K) Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 941 of 2013
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Want of Prosecution
- Outcome
- Cause dismissed for want of prosecution with no order as to costs.
- Judges
- MSA Makhandia
- Legal Topics
- Dismissal for Want of Prosecution, Delay in Prosecution, Extension of Time, Non Appearance, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mutua Kavua
Applicant
Mandeep Singh Construction (K) 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 prolonged inactivity.
- 2 Whether the absence of both parties at the scheduled hearing justifies dismissal of the Cause.
- 3 Whether costs should be awarded upon dismissal for want of prosecution.
Ratio Decidendi
The court found that there had been no action taken to prosecute the Cause for approximately three years, and that both parties failed to appear at the scheduled hearing despite due notice. The court exercised its discretion to dismiss the Cause for want of prosecution, holding that the prolonged inactivity and non-appearance by both parties justified dismissal. The court further determined that no order as to costs was appropriate given the circumstances.
Court Disposition
Cause dismissed for want of prosecution with no order as to costs.
Orders
- The Cause is dismissed for want of prosecution.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 941 OF 2013
MUTUA KAVUA....................................................................CLAIMANT
VERSUS
MANDEEP SINGH CONSTRUCTION (K) LTD............RESPONDENT
RULING
1. The Cause was filed on 20 June 2013.
2. On 7 August 2013, the Respondent filed an application under certificate of urgency seeking for extension of time to file a Response. The Court allowed the Respondent 14 days within which to file a Response. The Response is not on record.
3. Since then, there has been no action taken to progress the Cause for hearing.
4. On 8 March 2017, the Deputy Registrar issued a hearing notice for 4 April 2017, but when the Cause was called out for hearing, none of the parties were present.
5. The Court considering that no action has been taken for about 3 years and that the parties failed to appear for the hearing, the Court orders that the Cause be dismissed with no order as to costs.
Delivered, dated and signed in Nairobi on this 6th day of April 2017.
Radido Stephen
Judge
Appearances
Claimant Gakoi Mana & Co. Advocates
Respondent Wanjama & Associates Advocates
Court Assistant Nixon