Kitsapha v Teachers Service Commission & another (Civil Application E049 of 2023) [2023] KECA 1340 (KLR) (10 November 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 1340
- Citation
- [2023] KECA 1340 (KLR)
- Decided
- 10 November 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file and serve a Notice of AppealCoramDR. K. I. LAIBUTA
Holding
The court extended the time for the applicant to file and serve her Notice of Appeal and admitted the Notice of Appeal filed on June 2, 2023.
Facts
The applicant, Charles William Kitsapha, sought an extension of time to file and serve a Notice of Appeal against the ruling and orders of the Employment and Labour Relations Court of Kenya dated March 23, 2023.
Issues
- Whether the applicant has given a plausible and satisfactory explanation for the delay in filing the Notice of Appeal.
- Whether the respondent would be prejudiced if the applicant's Motion is allowed.
Reasoning
The court found that the applicant provided a plausible and satisfactory explanation for the delay and that the respondent would not be prejudiced.
Outcome
The court granted the application for extension of time.
Orders
- Time extended for the applicant to file and serve her Notice of Appeal.
- The Notice of Appeal filed on June 2, 2023, is admitted and deemed as duly filed and served.
- The costs of this application are in the intended appeal.
Authorities cited
Cases cited (1)
- Andrew Kiplagat Chema
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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