Nyongesa v Masinde Muliro University of Science & Technology & 2 others; Kasilly & 5 others (Interested Parties) (Civil Application E125 of 2023) [2024] KECA 1453 (KLR) (18 October 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 1453
- Citation
- [2024] KECA 1453 (KLR)
- Decided
- 18 October 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time and stay of execution pending appealCoramHM OKWENGU
Holding
The application is defective and struck out.
Facts
The applicant, Dr Ferdinand Chirure Nyongesa, is dissatisfied with the judgment of the Employment and Labour Relations Court dismissing his petition against the respondents, Masinde Muliro University of Science & Technology, Vice Chancellor, and the Chair of Council, appointing and promoting the 1st to 6th interested parties.
Issues
- Whether the application for extension of time is defective
- Whether the application for stay of execution pending appeal is defective
Reasoning
The application is an omnibus application seeking extension of time and stay of execution pending appeal. The extension of time should be heard by a single judge, and the stay of execution pending appeal should be heard by a full bench of the Court. The application is defective and struck out.
Outcome
Application struck out
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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