West Kenya Sugar Company Limited v Fredrick Odeke Were (Civil Application 101 of 2020) [2021] KECA 822 (KLR) (19 March 2021) (Ruling)
- Court
- Court of Appeal
- Case number
- 822
- Citation
- [2021] KECA 822 (KLR)
- Decided
- 19 March 2021
AI Summary
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TypeCivil ApplicationPostureApplication for extension of time to file and serve notice of appeal out of timeCoramJ. MOHAMMED, J. A. (IN CHAMBERS)
Holding
The application is denied.
Facts
The applicant, West Kenya Sugar Company Limited, sought an extension of time to file and serve a notice of appeal against the judgment of the Employment and Labour Relations Court (ELRC) at Bungoma, delivered on 29th January, 2020. The respondent is Fredrick Odeke Were.
Issues
- Whether the application is deserving of the orders sought.
- Whether the reasons provided for the delay in filing the appeal are valid and clear.
Reasoning
The Court considered the length of delay, the reasons for the delay, the chances of the appeal succeeding, and the degree of prejudice to the respondent. The Court found that the reasons provided for the delay were not sufficiently explained and that the chances of the appeal succeeding were not sufficiently demonstrated.
Outcome
Denied
Authorities cited
Cases cited (5)
- Leo Sila Mutiso (supra)
- Andrew Kiplagat Chemaringo v. Paul Kipkorir Kibet [2018] eKLR
- Bi-Mach Engineers Limited v. James Kahoro Mwangi [2011] eKLR
- Hamendra Mansukhalal Shah v Alnoor Kara & Another [2000] 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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