[2016] KEELRC 1324 (KLR)
The court found that the claimant had not taken any steps to prosecute the cause since July 2012. Despite public and specific hearing notices, neither party appeared or was represented at the hearing. The court, exercising its discretion and in the interest of expeditious disposal of cases and management of backlog,...
Source-derived case information.
- Citation
- [2016] KEELRC 1324 (KLR)
- Parties
- Claimant: Nthenya Philip; Respondent: Global Apparels EPZ Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 403 of 2012
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Non Prosecution
- Outcome
- Cause dismissed for non-attendance and non-prosecution.
- Judges
- MSA Makhandia
- Legal Topics
- Unlawful Termination, Dismissal for Non Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nthenya Philip
Claimant
Global Apparels EPZ Ltd
Respondent
Procedural Posture
Employment Cause / Ruling on Dismissal for Non Prosecution
Legal Issues
- 1 Whether the cause should be dismissed for want of prosecution and non-attendance.
- 2 Whether the claimant took any steps to prosecute the matter since July 2012.
Ratio Decidendi
The court found that the claimant had not taken any steps to prosecute the cause since July 2012. Despite public and specific hearing notices, neither party appeared or was represented at the hearing. The court, exercising its discretion and in the interest of expeditious disposal of cases and management of backlog, dismissed the cause for non-attendance and non-prosecution, as more than five years had elapsed without action.
Court Disposition
Cause dismissed for non-attendance and non-prosecution.
Orders
- This Cause is dismissed for non-attendance and non-prosecution as no steps have been taken for over 5 years.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 403 OF 2012
NTHENYA PHILIP CLAIMANT
v
GLOBAL APPARELS EPZ LTD RESPONDENT
RULING
The Claimant commenced legal proceedings against the Respondent on 13 March 2012 alleging unlawful termination of employment.
There is nothing on the record to suggest that the Claimant has taken steps to prosecute the Cause since 16 July 2012.
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 parties.
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