Aston Inyangala Inzoberi v Olympic Dry Cleaners [2017] KEELRC 1530 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI

CAUSE NO. 1335 B OF 2013

ASTON INYANGALA INZOBERI                                     CLAIMANT

v

OLYMPIC DRY CLEANERS LTD                                RESPONDENT

RULING

1. This Cause was filed on 20 August 2013. At the same time, the Claimant filed a motion seeking payment of some Kshs 105,009/- pending hearing of the Cause.

2. On 9 September 2013, the Court ordered that the sum of Kshs 105,009/- which had been deposited with the Labour Office be released to the Claimant.

3. The Respondent filed a Response on 7 October 2013 and on 5 February 2014, the Claimant filed a Notice to Act in Person.

4. On 21 March 2014, the Claimant wrote to the Court lamenting about his ill health and expense in traveling to Nairobi.

5. On 8 March 2017, the Deputy Registrar issued a hearing notice. The return date was 5 April 2017.

6. Only the Respondent’s representative attended Court for the hearing and he applied to have the Cause dismissed.

7. Considering time lapse without action to progress the Cause for hearing and failure to attend Court for hearing, 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                            S.K. Opiyo & Co. Advocates

Respondent                             Federation of Kenya Employers

Court Assistant                         Nixon