Lucy Wangari Kariuki v Kangunu Farmers Co-Operative Society Limited [2018] KECA 694 (KLR)
- Court
- Court of Appeal
- Case number
- 694
- Citation
- [2018] KECA 694 (KLR)
The application is allowed, and the applicant shall file and serve the Notice of Appeal within 14 days from the date of this Ruling; followed by filing and service of her Record of Appeal within 60 days of the said service.
Facts
The applicant was dismissed from employment by the respondent and subsequently sued the respondent for unfair and/or unlawful dismissal. The applicant only learned of the judgment in her absence and was dissatisfied, seeking to file an appeal.
Issues
- Whether to grant an extension of time to file and serve a Notice of Appeal and Record of Appeal
- The degree of prejudice to the respondent if the application is granted
- The prospects of success of the intended appeal
Reasoning
The applicant's union representative failed to inform her of the outcome of the case in time, leading to the delay in lodging the Notice of Appeal. The period of delay is not inordinate, and the intended appeal may affirm or depart from the trial court's findings.
Outcome
Granted
Orders
- The applicant shall file and serve the respondent with her Notice of Appeal within 14 days from the date of this Ruling; followed by filing and service of her Record of Appeal within 60 days of the said service.
- In default, the motion shall stand dismissed.
Loading judgment…