Thigah v Borderless Tracking Limited (Civil Application E046 of 2022) [2022] KECA 1388 (KLR) (16 December 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 1388
- Citation
- [2022] KECA 1388 (KLR)
- Decided
- 16 December 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureRespondent appealed the Employment & Labour Relations Court's judgment, but the applicant sought leave to file an application to strike out the notice of appeal.CoramSG KAIRU
Holding
The Court of Appeal dismissed the application to file an application to strike out the notice of appeal.
Facts
The applicant filed a suit against the respondent for unlawful and unfair termination of employment. The Employment and Labour Relations Court (ELRC) awarded the applicant Kshs. 559,167.00 as compensation. The respondent filed a notice of appeal, but the applicant sought leave to file an application to strike out the notice of appeal.
Issues
- Whether the applicant should be granted leave to file an application to strike out the notice of appeal.
- Whether the respondent has taken steps to prosecute the appeal.
Reasoning
The Court found that the respondent has not taken steps to prosecute the appeal despite the proceedings being available, and that the earlier application to strike out the notice of appeal was dismissed.
Outcome
The application to file an application to strike out the notice of appeal was dismissed.
Orders
- The Court of Appeal dismissed the application to file an application to strike out the notice of appeal.
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.
Loading judgment…