[2017] KEELRC 1534 (KLR)
The court found that there was no evidence on record that the respondent had been served with the Notice of Summons and Memorandum of Claim. Additionally, neither party appeared in court on the scheduled hearing date. In the absence of proof of service and in light of the prolonged inactivity, the court exercised...
Source-derived case information.
- Citation
- [2017] KEELRC 1534 (KLR)
- Parties
- Claimant: Wato Dido Gababa; Respondent: Department of Refugee Affairs
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2092 of 2014
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Want of Prosecution
- Outcome
- cause dismissed for want of prosecution
- Judges
- MSA Makhandia
- Legal Topics
- Service of Process, Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wato Dido Gababa
Claimant
Department of Refugee Affairs
Respondent
Procedural Posture
Employment Cause / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the respondent was properly served with the Notice of Summons and Memorandum of Claim.
- 2 Whether the cause should be dismissed for want of prosecution due to lack of service and inaction.
Ratio Decidendi
The court found that there was no evidence on record that the respondent had been served with the Notice of Summons and Memorandum of Claim. Additionally, neither party appeared in court on the scheduled hearing date. In the absence of proof of service and in light of the prolonged inactivity, the court exercised its discretion to dismiss the cause for want of prosecution. The dismissal was made without an order as to costs, given the circumstances and lack of participation by both parties.
Court Disposition
cause dismissed for want of prosecution
Orders
- The cause is dismissed for want of prosecution with 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. 2092 OF 2014
WATO DIDO GABABA CLAIMANT
v
DEPARTMENT OF REFUGEE AFFAIRS RESPONDENT
RULING
1. This Cause was filed on 21 November 2014.
2. On 8 March 2017, the Deputy Registrar issued a hearing notice. The return date was 5 April 2017.
3. None of the parties appeared in Court when the Cause was called out on the return date.
4. Despite there being no evidence on record that the hearing 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 Kajwang & Kajwang Advocates
Respondent no papers on record
Court Assistant Nixon