[2016] KEELRC 1356 (KLR)
The court found that the claimant had not taken any steps to prosecute the cause since July 2010, and neither party appeared when the matter was called out for hearing during the service week. The court had previously directed the claimant to provide missing documentation, but this was not complied with. In light of...
Source-derived case information.
- Citation
- [2016] KEELRC 1356 (KLR)
- Parties
- Claimant: Wilson O. Owaga; Respondent: Apostles of Jesus Generalate
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 625 of 2010
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Non Prosecution
- Outcome
- cause dismissed for non-attendance and want of prosecution
- Judges
- MSA Makhandia
- Legal Topics
- Unfair Termination, Dismissal for Non Prosecution, Case Backlog Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilson O. Owaga
Claimant
Apostles of Jesus Generalate
Respondent
Procedural Posture
Employment Cause / Ruling on Dismissal for Non Prosecution
Legal Issues
- 1 Whether the cause should be dismissed for want of prosecution and non-attendance.
- 2 Whether the claimant took reasonable steps to prosecute the matter.
Ratio Decidendi
The court found that the claimant had not taken any steps to prosecute the cause since July 2010, and neither party appeared when the matter was called out for hearing during the service week. The court had previously directed the claimant to provide missing documentation, but this was not complied with. In light of the prolonged inactivity and non-attendance, the court exercised its discretion to dismiss the cause for want of prosecution and non-attendance, in accordance with the rules and the need to manage case backlog efficiently.
Court Disposition
cause dismissed for non-attendance and want of prosecution
Orders
- The cause is dismissed for non-attendance and non-prosecution as no steps have been taken for over 5 years.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 625 OF 2010
WILSON O. OWAGA CLAIMANT
v
APOSTLES OF JESUS GENERALATE RESPONDENT
RULING
The Claimant commenced legal proceedings against the Respondents on 4 June 2010 alleging unfair termination of employment.
There is nothing on the record to suggest that the Claimant has taken steps to prosecute the Cause since 21 July 2010.
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 the Cause was called out on 18 April 2016, Mr. Kahabahati for the Claimant indicated that he would be ready to proceed on 20 April 2016.
The Court also directed him to furnish the Court with missing documentation in the file.
When this Cause was called out for hearing on 20 April 2016, 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 5 years.
Delivered, dated and signed in Nairobi this 20th day of April 2016.
Radido Stephen
Judge
Court Assistant Nixon