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Kenneth Kaunda Ogolla t/a Kellys Bar & Restaurant v Kenya Hotel & Allied Worker’s Union [2018] KECA 835 (KLR)

[2018] KECA 835 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
835
Citation
[2018] KECA 835 (KLR)
Decided
22 February 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to set aside orders issued by the Court of AppealCoramE. M. GITHINJI, HANNAH OKWENGU, J. MOHAMMED
Holding

The application has no merit and is dismissed with costs to the respondent.

Facts

The Employment and Labour Relations Court entered judgment against the applicant for payment of certain sums of money to its former employee. The applicant filed a notice of appeal, but the application for stay of execution pending the appeal was dismissed.

Issues

  1. Whether the application to set aside the dismissal of the application for stay of execution is competent.
  2. Whether the applicant was prevented by sufficient cause from appearing for hearing.

Reasoning

The application was dismissed for non-appearance, and the applicant did not show sufficient cause. Additionally, the notice of appeal was filed out of time and the application was brought in bad faith.

Outcome

Application dismissed

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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