Eldoret Grains Limited v Kipkoech & 14 others (Civil Application 108 of 2019) [2021] KECA 273 (KLR) (3 December 2021) (Ruling)
- Court
- Court of Appeal
- Case number
- 273
- Citation
- [2021] KECA 273 (KLR)
- Decided
- 3 December 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for leave to file a memorandum and record of appeal out of timeCoramMOHAMMED, Nduma, Rika
Holding
The application is not deserving of the orders sought due to the unsatisfactory explanation of the delay and lack of chances of success of the intended appeal.
Facts
Eldoret Grains Limited applied for leave to file a memorandum and record of appeal out of time against the judgment of the Employment and Labour Relations Court (E.L.R.C) at Kisumu. The judgment was delivered on 6th December, 2018, and the application was filed on 9th September, 2019.
Issues
- whether the application is deserving of the orders sought
- the length of delay and its explanation
Reasoning
The court considered the length of delay, the explanation for the delay, and the chances of success of the intended appeal. The court found the explanation unsatisfactory and the chances of success uncertain.
Outcome
The application was denied.
Authorities cited
Cases cited (5)
- Leo Sila Mutiso v Hellen Wangari Mwangi (1999) 2 EA 231
- Andrew Kiplagat Chemaringo v. Paul Kipkorir Kibet (2018) eKLR
- Rajesh Rughani vs Fifty Investment Ltd. & Another (2005) eKLR
- Bains Construction Co. Ltd. vs John Mzare Ogowe (2011) eKLR
- Athuman Nusura Juma v. Afwa Mohamed Ramadhan CA No. 227 of 2015
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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