[2017] KEELRC 1472 (KLR)
The court found that neither the claimants nor the respondents took any steps to progress the matter or attend court as directed. There was no evidence that the respondents were served with the notice of summons and memorandum of claim. The claimants demonstrated a lack of interest in prosecuting the cause, whose...
Source-derived case information.
- Citation
- [2017] KEELRC 1472 (KLR)
- Parties
- Applicant: Perpetua Mponjiwa; Applicant: Bonne Nicholas Barasa; Respondent: Registrar of Trade Unions; Respondent: Rob Abkula; Respondent: Edwin Opicho Wakoli; Respondent: Mark Spinks Okello; Respondent: Ignatius Njeru Kanyamba; Respondent: David Kisindai
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 591 of 2014
- Procedural Posture
- Employment Cause / Ruling on Notice to Show Cause for Dismissal
- Outcome
- cause dismissed for want of prosecution
- Judges
- MSA Makhandia
- Legal Topics
- Dismissal for Want of Prosecution, Service of Process, Union Officials Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Perpetua Mponjiwa
Applicant
Bonne Nicholas Barasa
Applicant
Registrar of Trade Unions
Respondent
Rob Abkula
Respondent
Edwin Opicho Wakoli
Respondent
Mark Spinks Okello
Respondent
Ignatius Njeru Kanyamba
Respondent
David Kisindai
Respondent
Procedural Posture
Employment Cause / Ruling on Notice to Show Cause for Dismissal
Legal Issues
- 1 Whether the cause should be dismissed for want of prosecution.
- 2 Whether there was proper service of summons and memorandum of claim upon the respondents.
Ratio Decidendi
The court found that neither the claimants nor the respondents took any steps to progress the matter or attend court as directed. There was no evidence that the respondents were served with the notice of summons and memorandum of claim. The claimants demonstrated a lack of interest in prosecuting the cause, whose substance was to interdict the convening of a meeting or causing change of officials of a union. In the absence of evidence of service and in light of the parties' non-attendance, 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
31 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 591 OF 2014
PERPETUA MPONJIWA.........................................1ST CLAIMANT
BONNE NICHOLAS BARASA................................2ND CLAIMANT
ROBERT LICHORO..........................................3RD RESPONDENT
VERSUS
REGISTRAR OF TRADE UNIONS...................1ST RESPONDENT
ROB ABKULA..................................................2ND RESPONDENT
EDWIN OPICHO WAKOLI..............................3RD RESPONDENT
MARK SPINKS OKELLO................................4TH RESPONDENT
IGNATIUS NJERU KANYAMBA......................5TH RESPONDENT
DAVID KISINDAI..............................................6TH RESPONDENT
RULING
1. The Memorandum of Claim herein was filed in Court on 8 April 2014. It was accompanied with a motion under certificate of urgency.
2. The Court directed the motion to be served for inter partes hearing on 15 April 2014 and on this day, the Respondents sought and got more time to file their responses.
3. The Court scheduled mention on 19 May 2014 to confirm the filings and for further directions.
4. The Respondents did not file the responses to the application as directed and further none of the parties attended Court on 19 May 2014.
5. There have since been no steps taken to progress the Cause for hearing and on 8 March 2017, the Deputy Registrar issued a Notice to Show Cause why the Cause should not be dismissed.
6. The return date was 5 April 2017.
7. None of the parties appeared in Court when the Cause was called out.
8. Despite there being no evidence on record that the Notice was served upon the parties, there is equally no evidence on record that the Claimants served Notice of Summons and Memorandum of Claim upon the Respondents.
9. It is clear that the Claimants long ago lost interest in the Cause whose substance was to interdict the convening of a meeting or causing change of officials of a Union.
10. Considering the fact that there is no evidence that the Respondents were served with Notice of Summons and the failure to attend Court on 5 April 2017, the Court orders that the Cause be dismissed with no order as to costs.
Delivered, dated and signed in Nairobi on this 7th day of April 2017.
Radido Stephen
Judge
Appearances
For Claimants Odhiambo & Oronga & Co. Advocates
Respondents no papers on record
Court Assistant Nixon