Opiyo v Teachers Service Commission (Civil Application E048 of 2022) [2023] KECA 786 (KLR) (23 June 2023) (Order)
- Court
- Court of Appeal
- Case number
- 786
- Citation
- [2023] KECA 786 (KLR)
- Decided
- 23 June 2023
The Court directs that the Deputy Registrar serve the application and the applicant's submissions upon the advocate of the respondent within 7 days, and the respondent shall file a replying affidavit and submissions within 3 days.
Facts
The applicant, Moses Kimathi Opiyo, applied to extend time for filing a Record of Appeal against the ruling of the Employment and Labour Relations Court at Kisumu. The respondent, Teachers Service Commission, was not served with the application or submissions by the applicant.
Issues
- Whether the application to extend time for filing a Record of Appeal should be granted.
- Whether the respondent was given a fair chance to respond to the application.
Reasoning
The Court found that the respondent was not served with the application or submissions, and thus was hamstrung in responding. The Court directed the Deputy Registrar to serve the application and submissions to allow the respondent a fair chance to respond.
Outcome
The application to extend time for filing a Record of Appeal is granted.
Orders
- The Deputy Registrar to serve the application and the applicant's submissions upon the advocate of the respondent within 7 days.
- The respondent to file a replying affidavit and submissions within 3 days.
Loading judgment…