[2017] KEELRC 1538 (KLR)
The court found that there was no evidence on record that the Notice to Show Cause was served upon the parties, nor was there evidence that the Claimant served the Notice of Summons and Memorandum of Claim upon the Respondent. Given the lack of service and the lapse of time since filing, the court determined that it...
Source-derived case information.
- Citation
- [2017] KEELRC 1538 (KLR)
- Parties
- Claimant: Violet Wanjiru Wainaina; Respondent: Branden Mmata t/a Branphiq Designs
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 536 of 2014
- Procedural Posture
- Employment Cause / Ruling on Notice to Show Cause for Dismissal
- 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 Process, Notice to Show Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Violet Wanjiru Wainaina
Claimant
Branden Mmata t/a Branphiq Designs
Respondent
Procedural Posture
Employment Cause / Ruling on Notice to Show Cause for Dismissal
Legal Issues
- 1 Whether the Cause should be dismissed for want of prosecution due to non-appearance of parties.
- 2 Whether there was proper service of Notice to Show Cause and Summons/Memorandum of Claim upon the Respondent.
Ratio Decidendi
The court found that there was no evidence on record that the Notice to Show Cause was served upon the parties, nor was there evidence that the Claimant served the Notice of Summons and Memorandum of Claim upon the Respondent. Given the lack of service and the lapse of time since filing, the court determined that it would be improper to allow the matter to remain pending. Accordingly, the Cause was dismissed for want of prosecution, with no order as to costs.
Court Disposition
Cause dismissed for want of prosecution with no order as to costs.
Orders
- The Cause is dismissed for want of prosecution.
- There is no order as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 536 OF 2014
VIOLET WANJIRU WAINAINA CLAIMANT
v
BRANDEN MMATA t/a BRANPHIQ DESIGNS RESPONDENT
RULING
1. This Cause was filed on 3 April 2014.
2. On 10 March 2017, the Deputy Registrar issued a Notice to Show Cause why the Cause should not be dismissed. The return date was 5 April 2017.
3. None of the parties appeared in Court when the Cause was called out.
4. Despite there being no evidence on record that the Notice was served upon the parties, there is equally no evidence on record that the Claimant served Notice of Summons and Memorandum of Claim upon the Respondent.
5. Considering the fact that there is no evidence that the Respondent was notified of the Cause and the time lapse, the Court orders that the Cause be dismissed with no order as to costs.
Delivered, dated and signed in Nairobi on this 7th day of April 2017.
Radido Stephen
Judge
Appearances
For Claimant Waiganjo Wachira & Co. Advocates
Respondent no papers on record
Court Assistant Nixon