[2016] KEELRC 1357 (KLR)
The court found that the claimant had failed to take any steps to prosecute the cause for over five years since 2012, despite being notified of the service week and hearing date. Both parties failed to appear or be represented at the scheduled hearing. In the interest of expeditious disposal of cases and to manage...
Source-derived case information.
- Citation
- [2016] KEELRC 1357 (KLR)
- Parties
- Claimant: Simlaw Seeds Company Limited; Respondent: Job Nyorsok Kibet
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 483 of 2011
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Non Prosecution
- Outcome
- cause dismissed for non-attendance and want of prosecution
- Judges
- MSA Makhandia
- Legal Topics
- Breach of Employment Contract, Dismissal for Non Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simlaw Seeds Company Limited
Claimant
Job Nyorsok Kibet
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 by the parties.
Ratio Decidendi
The court found that the claimant had failed to take any steps to prosecute the cause for over five years since 2012, despite being notified of the service week and hearing date. Both parties failed to appear or be represented at the scheduled hearing. In the interest of expeditious disposal of cases and to manage backlog, the court exercised its discretion to dismiss the cause for non-attendance and want of prosecution.
Court Disposition
cause dismissed for non-attendance and want of prosecution
Orders
- The 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
20 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 483 OF 2011
SIMLAW SEEDS COMPANY LIMITED CLAIMANT
v
JOB NYORSOK KIBET RESPONDENT
RULING
1. The Claimant commenced legal proceedings against the Respondent on 30 March 2011 alleging breach of contract.
2. The Respondent filed a Memorandum of Response on 25 October 2012.
3. The Cause was placed before Court on 4 October 2011 when the hearing was fixed for 25 June 2012 but there is no indication why the hearing did not proceed.
4. On 3 September 2012, hearing was fixed for 12 November 2012 but again it is not clear why the hearing did not proceed.
5. There is nothing on the record to suggest that the Claimant has taken any steps to have the Cause prosecuted from 2012.
6. 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.
7. Specific hearing notices were also sent to the litigants and or their Advocates.
8. When this Cause was called out for hearing, there was no appearance/representation for the parties.
9. 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