Kamau v Barclays Bank of Kenya Limited (Civil Application E401 of 2022) [2023] KECA 1484 (KLR) (8 December 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 1484
- Citation
- [2023] KECA 1484 (KLR)
- Decided
- 8 December 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for leave to appealCoramP. NYAMWEYA, JA
Holding
Application for leave to appeal is struck out due to incompetence of the application and costs are awarded to the Respondent.
Facts
James Mwangi Kamau filed a Notice of Motion application seeking leave to appeal against the Employment and Labour Relations Court's ruling dated 16th September 2022.
Issues
- Right to appeal
- Discretion to reinstate suit
Reasoning
The application was incompetent as it was not filed by the deceased's administrator and lacked a plausible explanation for the delay. The court found that the applicant failed to file the notice of appeal within the prescribed period due to a clerical error.
Outcome
Application dismissed
Orders
- Notice of Motion application dated 2nd November 2022 is struck out
- Costs awarded to the Respondent
Authorities cited
Cases cited (3)
- Andrew Kiplagat Chemaringo vs Paul Kipkorir Kibet [2018] eKLR
- Martha Wangari Karua vs IEBC & 3 Others [2018] eKLR
- Jimcab Services Limited vs Bartholomew Bernard Osodo & Another [2018] eKLR
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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