Abdi Mohammed Abdi & another v Fayaz Bakers Limited & another [2022] KEELRC 453 (KLR)
- Court
- Employment and Labour Relations Court
- Case number
- 453
- Citation
- [2022] KEELRC 453 (KLR)
- Decided
- 10 March 2022
- Judge
- AK Nzei
- Parties
- raw · defendants · plaintiffs
The suit is dismissed with no orders as to costs, and the Claimants are ordered to prosecute the suit within six (6) months from the date of this Ruling, failing which the suit shall stand dismissed.
Facts
The suit was initially filed on 106 of 2018 and adjourned several times. The Claimants were ordered to pay costs of Ksh.2000 before the next hearing date. The suit was adjourned again on 4th May 2020 due to the pandemic, and the Claimants were ready to proceed with the hearing on 4th May 2020 but the Court was not sitting. The pandemic caused further delays.
Issues
- Want of prosecution of the suit
- Negligence of the Claimants
Reasoning
The Court dismissed the suit for want of prosecution due to the Claimants' inaction from 4th May 2020 to 22nd July 2021, despite the pandemic causing delays. The Court noted that the Claimants had previously taken reasonable steps towards prosecution.
Outcome
Dismissal of the suit
Orders
- The Notice of Motion dated 16th July 2021 is hereby dismissed with no orders as to costs.
- The Claimants shall prosecute the suit herein within six (6) months from the date of this Ruling, failing which the suit shall stand dismissed.
- The suit shall be mentioned in Court for appropriate directions and for fixing of a hearing date on 30/3/2022.
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