Eastleigh Mattresses Ltd v Stephen Mihang’o Kariuki & 2 others [2014] KECA 332 (KLR)
- Court
- Court of Appeal
- Case number
- 332
- Citation
- [2014] KECA 332 (KLR)
- Decided
- 10 October 2014
The court allows the application for extension of time to lodge Notice of Appeal, extending it by 7 days from the date of this ruling.
Facts
Eastleigh Mattresses Ltd was the defendant in Industrial Court suit No. 1752 of 2011. The respondents claimed payment of terminal benefits totaling Shs.2,787,174/15. The Industrial Court was to deliver judgment on notice to the parties, but the applicant's counsel was not served with notice of delivery.
Issues
- Whether the applicant's counsel was notified of the date of delivery of the judgment.
- Whether the applicant's counsel had sufficient time to peruse the judgment and prepare a Notice of Appeal.
Reasoning
The court finds the delay in lodging the application for extension of time was not inordinate, as the applicant's counsel needed time to peruse the judgment and prepare the Notice of Appeal. The court grants the extension due to the circumstances of the case.
Outcome
The application is granted, and the applicant is given 7 days to lodge the Notice of Appeal.
Orders
- Extension of time to lodge Notice of Appeal by 7 days from the date of this ruling.
Remedies
- Costs of the application are awarded to the respondents.
Authorities cited
Legislation (2)
- Industrial Court Act (Act No.20 of 2011)
- Rules of the Court of Appeal
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