African Safari Club Limited v Transport & Allied Workers Union [2011] KECA 11 (KLR)
- Court
- Court of Appeal
- Case number
- 11
- Citation
- [2011] KECA 11 (KLR)
- Decided
- 9 December 2011
The Court grants an extension of time to lodge and serve a Notice of Appeal by 10 days from the date of the ruling and extends the time for a further 30 days within which to lodge and serve a memorandum and record of appeal. The applicant shall bear the respondent’s costs of the motion.
Facts
An Industrial dispute between Members of the Transport & Allied Workers Union and the African Safari Club Limited resulted in an award by the Industrial Court. The applicant, African Safari Club Limited, was aggrieved with the award and sought to appeal to the Court of Appeal, but failed to file a notice of appeal within time.
Issues
- Whether the absence of clear rules for appeals from the Industrial Court to the Court of Appeal should deny an intending appellant extension of time.
- Whether the Court has jurisdiction to extend time within which an intending appellant against a decision of the Industrial Court should file its notice of appeal.
Reasoning
The Court accepts the applicant's explanation for the delay in filing the notice of appeal and rules that the Court has jurisdiction to extend time under rule 4 of the Court of Appeal Rules. The absence of clear rules does not deny the applicant extension of time.
Outcome
The application for extension of time to appeal is granted.
Orders
- Extension of time to lodge and serve a Notice of Appeal by 10 days from the date of the ruling.
- Extension of time for a further 30 days within which to lodge and serve a memorandum and record of appeal.
Remedies
- The applicant shall bear the respondent’s costs of the motion.
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