Borderless Tracking Limited v Thigah (Civil Application E035 of 2021) [2022] KECA 38 (KLR) (4 February 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 38
- Citation
- [2022] KECA 38 (KLR)
- Decided
- 4 February 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication to strike out Notice of AppealCoramS. GATEMBU KAIRU, A. MSAGHA MBOGHOLI, P. NYAMWEYA
Holding
The Notice of Appeal dated 31st May 2019 and filed on 4th June 2019 is not struck out with costs.
Facts
The Respondent, an employee of the Appellant, brought a claim in the Employment and Labour Relations Court (ELRC) after his termination, alleging fraud within the company. The ELRC found the termination procedurally unfair and awarded compensation.
Issues
- Whether the Appellant had taken any action from the time the Notice of Appeal was lodged
- Whether the Appellant had lost interest in the Appeal
- Whether the Notice of Appeal should be struck out with costs
Reasoning
The Court held that the Appellant had not taken any action from the time the Notice of Appeal was lodged, and the proceedings in the trial court had been typed and certified as a true copy of the original. However, the Court did not deem the Notice of Appeal withdrawn due to the circumstances.
Outcome
The Notice of Appeal is not struck out with costs.
Orders
- The Notice of Motion is struck out with costs to the Appellant/Respondent.
Authorities cited
Legislation (1)
- Employment and Labour Relations Court Rules
Cases cited (2)
- Cosmos Limited v Kenya Revenue Authority
- Joyce Bochere Nyamweya vs Jemima Nyaboke Nyamweya Another
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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