Automated Summary
Key Facts
The claimants (Samuel Muthuva Katiku & Dennis Muturi Njoroge) filed a case against Texas Alarms (K) Limited on 16th May 2017. The respondent sought dismissal for lack of prosecution, arguing the case had not been actively pursued for four years. The claimants countered that the court registry did not allocate hearing dates for 2017 cases until 2018 and later issued notices (18/1/2018) stating no available dates for 2016–2018 matters. The court dismissed the application, noting no mandatory notice to show cause was served on the claimants. The ruling was delivered online due to COVID-19 restrictions.
Issues
The primary issue was the respondent's application to dismiss the suit for want of prosecution by the claimants. The applicant argued that the claimants failed to take tangible steps over four years since filing the case on 16/5/2017. The claimants countered that the Nairobi Employment and Labour Relations Court did not allocate hearing dates for 2017 cases, including theirs, until the 2018 diary opened, and no notice to show cause was served. The court acknowledged its own backlog-related notices and dismissed the application as lacking merit, noting the absence of proper procedural compliance. The ruling also referenced the impact of the COVID-19 pandemic on court operations, which influenced the decision to deliver the judgment online.
Holdings
The court dismissed the Respondent's application to dismiss the suit for want of prosecution, finding that the claimants could not proceed due to the registry not allocating hearing dates for matters filed in 2017 until 2018, and even then, no dates were available. The applicant also failed to serve a notice to show cause, a mandatory requirement before dismissal for want of prosecution. The court emphasized adherence to procedural rules and the impact of the judiciary's backlog management, ultimately ruling the application lacked merit and awarded costs to the claimants.
Remedies
The application seeking dismissal of the suit for want of prosecution was found to lack merit and was dismissed with costs in the cause.
Legal Principles
The court applied the principle that dismissal for want of prosecution requires proper procedural compliance, including serving a notice to show cause. The ruling emphasized that the claimants were not at fault due to court-imposed delays in allocating hearing dates for matters filed in 2017.
Cited Statute
- Civil Procedure Act (chapter 21 of the Laws of Kenya)
- Constitution of Kenya
Judge Name
Matheus N. Nduma
Passage Text
- Throughout 2018, the registry did not issue hearing dates for matters filed in the year 2017. Accordingly, the claimants could not take steps to have the matter heard.
- Indeed, there has been no notice to show cause served on the claimant regarding this matter which is a mandatory prerequisite before a matter is dismissed for want of prosecution.
- Accordingly, this application lacks merit and is dismissed with costs in the cause.