Ndung’u v Rubis Energy Kenya PLC (formerly known as Kenol Kobil Ltd) (Civil Appeal (Application) E161 of 2021) [2024] KECA 180 (KLR) (23 February 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 180
- Citation
- [2024] KECA 180 (KLR)
- Decided
- 23 February 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to strike out the appealCoramD. K. MUSINGA, ASIKE-MAKHANDIA, MUMBI NGUGI
Holding
The application is dismissed without costs as the appeal is properly before the court and the respondent has not failed to file submissions.
Facts
The applicant, Ephantus Githuku Ndung’u, filed a notice of appeal against the Employment and Labour Relations Court’s judgment and decree dated May 31, 2017. The respondent, Rubis Energy Kenya PLC, sought an order of stay of execution of the judgment and decree.
Issues
- Whether the respondent’s appeal should be struck out due to non-compliance with mandatory hearing directions
- Whether the respondent’s failure to comply with administrative directions issued by the court to file submissions on the substantive appeal justifies striking out the record of appeal
Reasoning
The court finds that the respondent has not failed to file the notice of appeal or record of appeal on time. The court emphasizes that a delay in filing submissions is not a sufficient reason to strike out an appeal that could still be heard without those submissions.
Outcome
Application dismissed without costs
Authorities cited
Cases cited (3)
- Hunker Trading Co. Ltd v Elf Oil Kenya Ltd
- Ramji Damji Vekaria v Joseph Oyula
- Independent Electoral & Boundaries Commission v Jane Cheperenger & 2 others
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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