Nzau v Hall Equatorial Limited [2025] KEELRC 978 (KLR)

Nzau v Hall Equatorial Limited (Cause 1079 of 2016) [2025] KEELRC 978 (KLR) (27 March 2025) (Ruling)

Neutral citation: [2025] KEELRC 978 (KLR)

Republic of Kenya

In the Employment and Labour Relations Court at Nairobi

Cause 1079 of 2016

S Radido, J

March 27, 2025

Between

Joseph Kimeu Nzau

Claimant

and

Hall Equatorial Limited

Respondent

Ruling

1. On 13 March 2020, the Respondent moved the Court seeking an order dismissing the Cause for want of prosecution.

2. The Motion was canvased and, in a Ruling delivered on 18 November 2020, the Court granted the Claimant an opportunity to prosecute the Cause on conditions that he paid the Respondent wasted costs and also filed witness statements within 15 days, or the Cause would stand dismissed.

3. On 24 August 2022, the Claimant appeared before the Deputy Registrar and indicated that he had just come into information that there was a Ruling on record whose effect was that the Cause stood dismissed.

4. The Deputy Registrar directed that a copy of the Ruling be issued to the Claimant upon payment of the requisite court fees. The Deputy Registrar ordered that the matter be mentioned on 1 November 2022.

5. On 25 October 2022, the Claimant filed a Motion seeking orders:i.That this Honourable Court be pleased to reinstate the Claimant’s suit and allow the Claimant to comply with conditions that had been set by the Court in its Ruling dated 18th November 2020. ii.That the costs of this application be in the cause.

6. The primary grounds in support of the Motion were that the Ruling was to be delivered on notice but was delivered on 18 November 2020 without the notice; that the Court issued a Notice to Show Cause on 22 August 2021 and when the parties appeared in Court on 24 August 2022, the hearing was fixed for 18 October 2022 and that it was only on 18 October 2022 that the Deputy Registrar informed the parties about the Ruling and consequent dismissal of the Cause.

7. On 1 November 2022, the Claimant informed the Deputy Registrar that he was not aware of the Ruling and that he had filed a Motion seeking review.

8. The Respondent filed a replying affidavit opposing the Motion on 1 July 2024.

9. In the affidavit, the Respondent deponed that the parties were present during the delivery of the Ruling; the Claimant had failed to abide by the conditions given by the Court to stall the dismissal of the Cause and that because of the passage of time, the Respondent stood to be prejudiced if the Cause were to be reinstated.

10. The Court has considered the Motion, affidavits and the record.

11. The record shows that the Deputy Registrar issued a notice of delivery of 6 outstanding judgments and Rulings on 16 November 2020. The instant Cause is number 2 in the list and the contact details of the advocates were indicated therein.

12. The assertion by the Claimant that the Ruling was delivered without notice is incorrect.

13. It is also noteworthy that it took the Claimant from 18 November 2020 to 28 August 2022 to attempt to take steps in the file. Even if the Claimant was not aware of the delivery of the Ruling, there is no explanation for the nearly 2-year slumber.

Orders 14. In light of the above, the Motion dated 22 October 2022 is dismissed with costs.

DELIVERED, DATED AND SIGNED IN NAIVASHA ON THIS 27TH DAY OF MARCH 2025. RADIDO STEPHEN, MCIARBJUDGEAppearancesFor Claimant S.M. Kitonga & Co. AdvocatesFor Respondent Kinyua Mwaniki & Wainaina AdvocatesCourt Assistant Wangu