Universities Non-Teaching Staff Union (Untesu) v Moi University [2014] KECA 527 (KLR)
- Court
- Court of Appeal
- Case number
- 527
- Citation
- [2014] KECA 527 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file and serve notice of appealCoramR. N. Nambuye
Holding
The application is allowed with costs to the respondent. The applicant is granted leave to file and serve its notice of appeal and record of appeal out of time.
Facts
The applicant, Universities Non-Teaching Staff Union (Untesu), filed a cause against the respondent, Moi University, alleging a breach of Section 49 of the Labour Regulations Act 2007. The Industrial Court ruled against the applicant.
Issues
- Whether the applicant's notice of appeal was filed out of time
- Whether the applicant's appeal is arguable
Reasoning
The court finds the explanation given by the applicant's counsel reasonable and allows the application due to the applicant's readiness to proceed and the lack of immediate prejudice to the respondent.
Outcome
The application is allowed.
Orders
- The applicant is granted leave to file and serve its notice of appeal and record of appeal out of time.
- The record of appeal is to be lodged within 30 days of the notice of appeal.
- The applicant has seven days to lodge and serve the notice of appeal.
- The applicant's counsel's office will meet the costs of the application to the respondent.
Remedies
- Leave to file and serve the notice of appeal and record of appeal out of time
Authorities cited
Legislation (3)
- Labour Regulations Act 2007
- Court of Appeal Rules
- Appellate Jurisdiction Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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