[2016] KEELRC 1358 (KLR)
The court found that the claimant failed to serve the notice of summons and memorandum of claim upon the respondent and took no steps to prosecute the cause for over five years. Despite public and specific hearing notices, neither party appeared or was represented at the hearing. In the interest of judicial...
Source-derived case information.
- Citation
- [2016] KEELRC 1358 (KLR)
- Parties
- Claimant: Petersen Mwashigandi; Respondent: Senior Best Garments Kenya (EPZ) Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 519 of 2011
- 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
Petersen Mwashigandi
Claimant
Senior Best Garments Kenya (EPZ) Ltd
Respondent
Procedural Posture
Employment Cause / Ruling on Dismissal for Non Prosecution
Legal Issues
- 1 Whether the claimant served the notice of summons and memorandum of claim upon the respondent.
- 2 Whether the claimant took steps to prosecute the cause within a reasonable time.
- 3 Whether the cause should be dismissed for non-attendance and non-prosecution.
Ratio Decidendi
The court found that the claimant failed to serve the notice of summons and memorandum of claim upon the respondent and took no steps to prosecute the cause for over five years. Despite public and specific hearing notices, neither party appeared or was represented at the hearing. In the interest of judicial efficiency and to address case backlog, the court exercised its discretion to dismiss the cause for non-attendance and non-prosecution.
Court Disposition
cause dismissed for non-attendance and non-prosecution
Orders
- The cause is dismissed for non-attendance and non-prosecution.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 519 OF 2011
PETERSEN MWASHIGANDI CLAIMANT
v
SENIOR BEST GARMENTS KENYA(EPZ) LTD RESPONDENT
RULING
Peterson Mwashigandi (Claimant) commenced legal proceedings against (Senior Best Garments Kenya (EPZ) Ltd (Respondent) on 7 April 2011 alleging unlawful termination of employment.
There is nothing on the record to suggest that the Claimant served Notice of Summons and the Memorandum of Claim upon the Respondent or that he has taken steps to prosecute the Cause.
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