[2017] KEELRC 1515 (KLR)
The court found that since the parties had previously indicated that the claim had been settled except for costs, and neither party had taken any steps to move the court on the issue of costs or otherwise prosecute the matter, it was appropriate to dismiss the cause. The absence of both parties at the scheduled...
Source-derived case information.
- Citation
- [2017] KEELRC 1515 (KLR)
- Parties
- Claimant: Tarsicio Kirunja; Respondent: Ultra Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1076 of 2012
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Want of Prosecution
- Outcome
- cause dismissed with no order as to costs
- Judges
- MSA Makhandia
- Legal Topics
- Settlement of Employment Disputes, Costs in Labour Court, Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tarsicio Kirunja
Claimant
Ultra Limited
Respondent
Procedural Posture
Employment Cause / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the cause should be dismissed given the parties' indication of settlement save for costs.
- 2 Whether any further action was taken by the parties after the settlement indication.
- 3 Whether costs should be awarded upon dismissal.
Ratio Decidendi
The court found that since the parties had previously indicated that the claim had been settled except for costs, and neither party had taken any steps to move the court on the issue of costs or otherwise prosecute the matter, it was appropriate to dismiss the cause. The absence of both parties at the scheduled hearing, despite notice, reinforced the conclusion that neither party wished to pursue the matter further. Accordingly, the court exercised its discretion to dismiss the cause with no order as to costs.
Court Disposition
cause dismissed with no order as to costs
Orders
- The cause is dismissed with no order as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 1076 OF 2012
TARSICIO KIRUNJA..............................CLAIMANT
VERSUS
ULTRA LIMITED.............................RESPONDENT
RULING
1. This Cause was filed on 22nd June 2012 and on 27th November 2012, the Court was informed that the Cause has been settled save for costs.
2. Rika J before whom the file was placed stood over the claim generally.
3. There is nothing on record to suggest the parties have attempted to move Court since that appearance before Rika J.
4. The Deputy Registrar of the Court issued a hearing notice on 8th March 2017, but when the Cause was called for hearing on 3rd April 2017, the parties were absent.
5. In the circumstances, and bearing in mind the indication by the parties that the claim had been settled save for costs, the Court orders that the Cause be dismissed 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 Gakoi Maina & Co. Advocates
Court Assistant Nixon