[2017] KEELRC 1539 (KLR)
The court found that the applicant failed to take any steps to prosecute the application for over three years, despite being granted leave to amend and being given a final adjournment. Neither party appeared at the scheduled hearing despite notice. The court exercised its discretion to dismiss the application for...
Source-derived case information.
- Citation
- [2017] KEELRC 1539 (KLR)
- Parties
- Applicant: Paul Nzioka Nguli; Respondent: The Liquidator Akamba Bus Service Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 31 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Dismissal for Want of Prosecution
- Outcome
- application dismissed for want of prosecution
- Judges
- MSA Makhandia
- Legal Topics
- Leave to Sue Liquidator, Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Nzioka Nguli
Applicant
The Liquidator Akamba Bus Service Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the application should be dismissed for want of prosecution due to prolonged inaction by the applicant.
- 2 Whether the absence of both parties at the scheduled hearing justifies dismissal of the application.
Ratio Decidendi
The court found that the applicant failed to take any steps to prosecute the application for over three years, despite being granted leave to amend and being given a final adjournment. Neither party appeared at the scheduled hearing despite notice. The court exercised its discretion to dismiss the application for want of prosecution, holding that prolonged inaction and non-attendance by the parties justified dismissal to prevent abuse of process and ensure expeditious disposal of cases.
Court Disposition
application dismissed for want of prosecution
Orders
- The application dated 15 November 2012 is dismissed for want of prosecution.
- There is 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
MISC CIVIL APPL. NO. 31 OF 2012
PAUL NZIOKA NGULI CLAIMANT
v
THE LIQUIDATOR AKAMBA BUS SERVICE LTD RESPONDENT
RULING
1. The Applicant filed an application on 16 November 2012 seeking leave to institute legal proceedings against the Respondent.
2. The Applicant subsequently sought to amend the application on 14 December 2012 and leave was granted to amend within 21 days. The amended application was not filed despite Court granting a last adjournment on 30 January 2013. In fact, the applicant failed to attend Court on 27 February 2013 when the filing of amended application was to be confirmed.
3. Since then, there has been no action in the file.
4. On 8 March 2017, the Deputy Registrar issued a hearing notice for 4 April 2017, but when the application 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, orders that the application dated 15 November 2012 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 B.M. Mungata & Co. Advocates
Respondent no appearance
Court Assistant Nixon