[2017] KEELRC 1503 (KLR)
The Court found that the Claimant failed to take any steps to prosecute the Cause for over two years, did not provide an affidavit of service to prove that Summons were served on the Respondent, and failed to appear in Court on the scheduled hearing date. These failures demonstrated a lack of interest in prosecuting...
Source-derived case information.
- Citation
- [2017] KEELRC 1503 (KLR)
- Parties
- Claimant: Thomas Lotere; Respondent: Carnation Plants Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 131 of 2014
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Want of Prosecution
- Outcome
- Cause dismissed for want of prosecution with no order as to costs.
- Judges
- MSA Makhandia
- Legal Topics
- Dismissal for Want of Prosecution, Service of Summons, Non Appearance, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Thomas Lotere
Claimant
Carnation Plants Limited
Respondent
Procedural Posture
Employment Cause / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the Cause should be dismissed for want of prosecution due to inactivity by the Claimant.
- 2 Whether there was proper service of Summons on the Respondent.
- 3 Whether the absence of the Claimant at the hearing warrants dismissal of the Cause.
Ratio Decidendi
The Court found that the Claimant failed to take any steps to prosecute the Cause for over two years, did not provide an affidavit of service to prove that Summons were served on the Respondent, and failed to appear in Court on the scheduled hearing date. These failures demonstrated a lack of interest in prosecuting the matter, justifying dismissal of the Cause for want of prosecution. The Court exercised its discretion to dismiss the Cause, noting that there was no evidence of service and no explanation for the Claimant's absence.
Court Disposition
Cause dismissed for want of prosecution with no order as to costs.
Orders
- The Cause is dismissed for want of prosecution.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 131 OF 2014
THOMAS LOTERE CLAIMANT
v
CARNATION PLANTS LIMITED RESPONDENT
RULING
1. This Cause was filed on 5 September 2014.
2. The last time there was action in the file was on 24 November 2015 when the Claimant informed the Court that the Respondent had not entered an Appearance. The Cause was taken out of the hearing list.
3. However, there is no affidavit of service on record to prove service of Summons.
4. On 8 March 2017, the Deputy Registrar issued a hearing notice to the parties with a return date of 4 April 2017.
5. When the Cause was called out for hearing none of the parties were in Court.
6. Considering the time lapse of 2 years before taking any move to progress the Cause for hearing, lack of evidence of service of Summons and the failure by the Claimant to appear in Court on 4 April 2017, the Court orders that the Cause be dismissed with no order as to costs.
Delivered, dated and signed in Nairobi on this 6th day of April 2017.
Radido Stephen
Judge
Appearances
For Claimant Njogu & Associate Advocates
For Respondent no appearance
Court Assistant Nixon