Mutua Kavua v Mandeep Singh Construction (K) Ltd [2017] KEELRC 1511 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI

CAUSE NO. 941 OF 2013

MUTUA KAVUA....................................................................CLAIMANT

VERSUS

MANDEEP SINGH CONSTRUCTION (K) LTD............RESPONDENT

RULING

1. The Cause was filed on 20 June 2013.

2. On 7 August 2013, the Respondent filed an application under certificate of urgency seeking for extension of time to file a Response. The Court allowed the Respondent 14 days within which to file a Response. The Response is not on record.

3. Since then, there has been no action taken to progress the Cause for hearing.

4. On 8 March 2017, the Deputy Registrar issued a hearing notice for 4 April 2017, but when the Cause was called out for hearing, none of the parties were present.

5. The Court considering that no action has been taken for about 3 years and that the parties failed to appear for the hearing, 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

Claimant                 Gakoi Mana & Co. Advocates

Respondent           Wanjama & Associates Advocates

Court Assistant      Nixon