[2017] KEELRC 610 (KLR)
The court dismissed the respondent's application for transfer of the suit due to the respondent's and its advocate's failure to attend and prosecute the motion. The court affirmed its nationwide territorial jurisdiction, rendering the application for transfer unnecessary. The absence of the applicant at the hearing...
Source-derived case information.
- Citation
- [2017] KEELRC 610 (KLR)
- Parties
- Claimant: Wycliffe Munyasia Manyonge; Respondent: Agrics Farm Inputs & Credit (K)
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Cause 486 of 2016
- Procedural Posture
- Cause / Ruling on Interlocutory Application for Transfer of Suit
- Outcome
- Respondent's application dismissed with costs to the claimant.
- Judges
- MSA Makhandia
- Legal Topics
- Territorial Jurisdiction, Transfer of Suit, Dismissal for Non Attendance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wycliffe Munyasia Manyonge
Claimant
Agrics Farm Inputs & Credit (K)
Respondent
Procedural Posture
Cause / Ruling on Interlocutory Application for Transfer of Suit
Legal Issues
- 1 Whether the suit should be transferred to the Employment and Labour Relations Court registry in Kisumu.
- 2 Whether the application should be dismissed for non-attendance by the respondent.
Ratio Decidendi
The court dismissed the respondent's application for transfer of the suit due to the respondent's and its advocate's failure to attend and prosecute the motion. The court affirmed its nationwide territorial jurisdiction, rendering the application for transfer unnecessary. The absence of the applicant at the hearing justified dismissal with costs to the claimant.
Court Disposition
Respondent's application dismissed with costs to the claimant.
Orders
- The respondent's motion dated 24 June 2017 is dismissed with costs to the claimant.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAKURU
CAUSE NO. 486 OF 2016
WYCLIFFE MUNYASIA MANYONGE CLAIMANT
v
AGRICS FARM INPUTS & CREDIT (K) RESPONDENT
RULING
1. The Respondent filed a motion dated 24 June 2017 in Court seeking
1. THATthis Honourable Court be pleased to order that Cause No 486 of 2016 be transferred to Employment Labour Relations Court registry in Kisumu.
2. THAT the costs be in the course.
2. On 26 July 2017, the Respondent caused the motion to be listed for hearing on 10 October 2017.
3. When the motion was called out for hearing as scheduled, the Respondent was not present. Its advocate on record was also absent.
4. Mrs. Ndeda for the Claimant, in light of the lack of representation applied to have the motion dismissed because the Court had nationwide territorial jurisdiction.
5. Considering the failure to attend Court to prosecute the application, the Court orders that it be dismissed with costs to the Claimant.
Delivered, dated and signed in Nakuru on this 19th day of October 2017.
Radido Stephen
Judge
Appearances
For Claimant Mrs. Ndeda instructed by Ndeda & Associates
For Respondent Rogo Okello Wangari & Co. Advocates
Court Assistants Nixon/Martin