[2017] KEELRC 1488 (KLR)
The court found that neither party attended nor was represented at the scheduled hearing despite due notice. In such circumstances, the court is empowered to dismiss the cause for want of prosecution or non-attendance. The absence of both parties indicated a lack of interest in prosecuting or defending the matter,...
Source-derived case information.
- Citation
- [2017] KEELRC 1488 (KLR)
- Parties
- Applicant: Peter Odhiambo Otieno; Respondent: Multi-Packaging Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2356 of 2012
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Non Attendance
- Outcome
- Cause dismissed for non-attendance by both parties. No order as to costs.
- Judges
- MSA Makhandia
- Legal Topics
- Dismissal for Non Attendance, Case Management, Hearing Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Odhiambo Otieno
Applicant
Multi-Packaging Ltd
Respondent
Procedural Posture
Employment Cause / Ruling on Dismissal for Non Attendance
Legal Issues
- 1 Whether the Cause should be dismissed due to non-attendance by both parties at the scheduled hearing.
- 2 Whether any orders as to costs should be made upon dismissal.
Ratio Decidendi
The court found that neither party attended nor was represented at the scheduled hearing despite due notice. In such circumstances, the court is empowered to dismiss the cause for want of prosecution or non-attendance. The absence of both parties indicated a lack of interest in prosecuting or defending the matter, justifying dismissal. The court exercised its discretion not to award costs to either party.
Court Disposition
Cause dismissed for non-attendance by both parties. No order as to costs.
Orders
- The Cause is dismissed for non-attendance by both parties.
- 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
CAUSE NO. 2356 OF 2012
PETER ODHIAMBO OTIENO………………....…………CLAIMANT
VERSUS
MULTI-PACKAGING LTD……………………………RESPONDENT
RULING
1. This Cause was filed on 21 November 2012 and a Response was filed on 8 May 2013.
2. When the Cause came up for hearing on 3 October 2013, the parties informed the Court that they were negotiating and mention was scheduled for 14 October 2013.
3. It is not clear from the record what happened on 14 October 2013 or what action the parties took to progress the hearing.
4. The Deputy Registrar of the Court issued a hearing notice on 8 March 2017 but when the Cause was called for hearing on 3 April 2017, none of the parties were present or represented.
5. In the circumstances, the Court dismisses the Cause with no order as to costs.
Delivered, dated and signed in Nairobi on this 5th day of April 2017.
Radido Stephen
Judge
Representations
For Claimant Soita & Saende Advocates
For Respondent Federation of Kenya Employers
Court Assistant Nixon