[2016] KEELRC 1311 (KLR)
The court found that the claimant had failed to take any steps to serve or prosecute the claim for over three years since filing. Despite public and specific hearing notices, neither party appeared or was represented when the matter was called out. In the interest of managing court backlog and ensuring expeditious...
Source-derived case information.
- Citation
- [2016] KEELRC 1311 (KLR)
- Parties
- Claimant: True Blaq Entertainment Ltd; Respondent: Humphrey Odhiambo Ondiwo
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1391 of 2013
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Non Prosecution
- Outcome
- cause dismissed for non-attendance and non-prosecution
- Judges
- MSA Makhandia
- Legal Topics
- Breach of Employment Contract, Non Prosecution, Dismissal for Non Attendance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
True Blaq Entertainment Ltd
Claimant
Humphrey Odhiambo Ondiwo
Respondent
Procedural Posture
Employment Cause / Ruling on Dismissal for Non Prosecution
Legal Issues
- 1 Whether the claimant has prosecuted the cause within a reasonable time.
- 2 Whether the cause should be dismissed for want of prosecution and non-attendance.
Ratio Decidendi
The court found that the claimant had failed to take any steps to serve or prosecute the claim for over three years since filing. Despite public and specific hearing notices, neither party appeared or was represented when the matter was called out. In the interest of managing court backlog and ensuring expeditious disposal of cases, 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. 1391 OF 2013
TRUE BLAQ ENTERTAINMENT LTD...........................CLAIMANT
v
HUMPHREY ODHIAMBO ONDIWO......................... RESPONDENT
RULING
The Claimant commenced legal proceedings against the Respondent on 29 August 2013 alleging breach of contract and outstanding loan(s).
There is nothing on the record to suggest that the Claimant has taken steps to serve the Memorandum of Claim and/or prosecute the Cause since filing.
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 3 years.
Delivered, dated and signed in Nairobi this 22nd day of April 2016.
Radido Stephen
Judge
Court Assistant Nixon