Macharia v Registered Trustees, Franciscan Sisters of Immaculate Nyeri (Civil Application E008 of 2024) [2024] KECA 1057 (KLR) (26 April 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 1057
- Citation
- [2024] KECA 1057 (KLR)
- Decided
- 26 April 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureRespondent's Notice of Appeal Struck OutCoramJAMILA MOHAMMED, L. KIMARU, A.O. MUCHELULE
Holding
We allow the notice of motion and deem the respondent's notice of appeal dated 9th November 2022 and filed on 10th November 2022 to have been withdrawn.
Facts
The Employment and Labour Relations Court allowed the applicant's appeal and ordered compensation and benefits totaling Kshs 594,104.72. The respondent filed a notice of appeal but failed to lodge the record of appeal within 60 days.
Issues
- Whether the respondent's notice of appeal should be deemed withdrawn
- Whether the respondent should be ordered to pay the applicant's costs
Reasoning
The respondent failed to lodge the record of appeal within 60 days, as required by Rule 84(1) of the Court of Appeal Rules, 2022. Consequently, the notice of appeal is deemed withdrawn.
Outcome
The respondent is ordered to pay the applicant's costs of the notice of motion.
Orders
- The respondent's notice of appeal is deemed withdrawn
Remedies
- The respondent is ordered to pay the applicant's costs of the notice of motion
Authorities cited
Legislation (2)
- Court of Appeal Rules, 2022
- Appellate Jurisdiction Act
Cases cited (1)
- Mae Properties Limited v Joseph Kibe & Another [2017] 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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