[2018] KEELRC 2331 (KLR)
The court found that the claimant had failed to take any steps to prosecute the claim since the last court appearance in March 2012, despite being given opportunities to respond and appear. The claimant did not file any response to the application for dismissal, nor did they attend the hearing or provide any...
Source-derived case information.
- Citation
- [2018] KEELRC 2331 (KLR)
- Parties
- Claimant: Thomas Mboga; Respondent: Kipkebe Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1003 of 2010
- Procedural Posture
- Employment Cause / Ruling on Application to Dismiss for Want of Prosecution
- Outcome
- claim dismissed for want of prosecution
- Judges
- HS Wasilwa
- Legal Topics
- Dismissal for Want of Prosecution, Case Management, Delay in Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thomas Mboga
Claimant
Kipkebe Limited
Respondent
Procedural Posture
Employment Cause / Ruling on Application to Dismiss for Want of Prosecution
Legal Issues
- 1 Whether the claim should be dismissed for want of prosecution due to the claimant's inaction.
- 2 Whether the claimant demonstrated any valid reason for the delay in prosecuting the case.
Ratio Decidendi
The court found that the claimant had failed to take any steps to prosecute the claim since the last court appearance in March 2012, despite being given opportunities to respond and appear. The claimant did not file any response to the application for dismissal, nor did they attend the hearing or provide any explanation for the delay. The court concluded that the claimant was not interested in prosecuting the claim and that the respondent was entitled to have the matter dismissed for want of prosecution. Accordingly, the application was allowed and the claim dismissed with costs to the respondent.
Court Disposition
claim dismissed for want of prosecution
Orders
- The claim is dismissed for want of prosecution.
- Costs awarded to the respondent.
Full Case Text
Judgment text and source record
20 paragraphs
IN THE REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 1003 OF 2010
(Before Hon. Lady Justice Hellen S. Wasilwa on 5th February 2018)
THOMAS MBOGA ……………………………..................CLAIMANT
VERSUS
KIPKEBE LIMITED ………………………..……….RESPONDENT
RULING
1. The Application before Court is dated 21st June 2016. The Applicant seeks orders to dismiss this case for want of prosecution. The Claimant Respondents were served with this application and they appeared before this Court on 21st July 2016. They were given 7 days to file their response. They never filed as advised.
2. The Respondent Applicants therefore proceeded to fix this application for hearing and served the Claimant with a hearing notice on 10th October 2017 for hearing on 5th December 2017. On 5th December 2017, the Claimant though served, failed to appear.
3. The Respondent Applicants have averred that this matter was last in Court on 2nd March 2012 for hearing but the case was adjourned at the instance of the Claimant’s Advocate who was held up in another matter. The Court directed that parties fix a fresh date at the registry. One year down the line, when this application was filed on 22nd June 2016, the Claimant had never fixed a hearing date or taken any steps to prosecute the matter.
4. The Applicants contend that as the matter stands, the Claimant are disinterested in prosecuting this matter and they therefore want the application to dismiss this case for want of prosecution allowed.
5. I have considered the Applicant’s averments and the fact that the Claimant is ever disinterested in prosecuting the current application.
6. I do concur with the Respondents that the Claimants are not interested in prosecuting this claim. They have not taken any steps to fix the case for hearing or demonstrated to Court any difficulties they may have encountered in doing so. I therefore allow their application and dismiss this claim for want of prosecution with costs to the Respondent Applicants.
Read in open Court this 5th day of February, 2018.
HON. LADY JUSTICE HELLEN WASILWA
JUDGE
In the presence of:
No appearance for Parties