Road Tainers (MSA) Ltd v Kiminza Munuve (Civil Application E093 of 2021) [2022] KECA 993 (KLR) (23 September 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 993
- Citation
- [2022] KECA 993 (KLR)
- Decided
- 23 September 2022
The Court allows the application for leave to appeal out of time and for the notice of appeal to be deemed as duly filed.
Facts
The applicant, Road Tainers (MSA) Ltd, sought to appeal against a judgment delivered on October 7, 2021, by the Employment and Labour Relations Court (ELRC) in which the court held that the applicant unfairly terminated the respondent's employment and awarded him twelve months' salary in compensation. The applicant claimed the delay in filing the appeal was due to not receiving notice of the judgment.
Issues
- Whether the delay in filing the appeal was sufficient to justify granting leave to appeal out of time.
- Whether the applicant's appeal is arguable and will cause prejudice to the respondent.
Reasoning
The Court found that the applicant did not receive prior notice of the judgment and that the delay in filing the appeal was not inordinate. The Court allowed the application, but the applicant must file a compliant record of appeal within 45 days.
Outcome
The application is allowed.
Orders
- The applicant is granted leave to appeal out of time and the notice of appeal is deemed as duly filed.
- The applicant has 45 days from the date of this ruling to file and serve a compliant record of appeal.
Remedies
- The applicant is granted leave to appeal out of time and the notice of appeal is deemed as duly filed.
Authorities cited
Cases cited (3)
- Moroo Polymers Limited vs. Wifred Kasyoki Willis [2019] eKLR
- Nicholas Kiptoo Arap Salat vs. Independent Electoral and Boundaries Commission & 7 others [2014] eKLR
- Ready Consultancy Limited vs. Tima Abdalla & 21 others [2021] eKLR
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