Charles Ongai v Masari Camps and Villas Ltd [2017] KEELRC 1522 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI

CAUSE NO. 69 OF 2014

CHARLES ONGAI                                               CLAIMANT

v

MASARI CAMPS AND VILLAS LTD          RESPONDENT

RULING

1. This Cause was filed on 24 January 2014.

2. However, there is no affidavit of service on record to prove service of Summons.

3. On 8 March 2017, the Deputy Registrar issued a hearing notice to the parties with a return date of 4 April 2017.

4. When the Cause was called out for hearing none of the parties were in Court.

5. Considering the time lapse of 2 years before taking any move to progress the Cause for hearing, lack of evidence of service of Summons and the failure by the Claimant to appear in Court on 4 April 2017, the Court orders that the Cause be dismissed with no order as to costs.

Delivered, dated and signed in Nairobi on this 6th day of April 2017.

Radido Stephen

Judge

Appearances

For Claimant                      Kwengu & Co. Advocates

For Respondent                no appearance

Court Assistant                  Nixon