Alfred Ambuso v N.K. Brothers Limited [2017] KEELRC 1501 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI

CAUSE NO. 441 OF 2012

ALFRED AMBUSO..................................................CLAIMANT

VERSUS

N.K. BROTHERS LIMITED...............................RESPONDENT

RULING

1. This Cause was filed on 16th March 2012 and a Response was filed on 7th June 2012.

2. The last action in the file was on 25th February 2014 when the Court directed the parties to take a hearing date in the Registry.

3. There is nothing on record to suggest the parties have attempted to move Court since that appearance.

4. The Deputy Registrar of the Court issued a hearing notice on 8th March 2017 which was served upon the Respondents’ advocate on 16th March 2017, but when the Cause was called for hearing on 3rd  April 2017, the parties were absent.

5. In the circumstances, and bearing in mind that no action has been taken for over 3 years, the Court orders that the Cause be dismissed with no order as to costs.

Delivered, dated and signed in Nairobi on this 5th day of April 2017.

Radido Stephen

Judge

Representations

For Claimant          Kiriba & Co. Advocates

For Respondent    Mugambi Mungania & Co. Advocates

Court Assistant      Nixon