Ochieng’ v Awanad Enterprises Limited & 2 others (Civil Appeal E054 of 2021) [2024] KECA 409 (KLR) (26 April 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 409
- Citation
- [2024] KECA 409 (KLR)
- Decided
- 26 April 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a ruling and orders of the Employment and Labour Relations Court of KenyaCoramByram, Ongaya, GV ODUNGA, James Rika, Rika
Holding
The appeal is hereby struck out with costs to the respondents.
Facts
The appellant, Laban Owino Ochieng, claimed a commission of Kshs. 27,605,707/30 from the respondents and Habo Group of Companies for his work as an engineer/general manager. The respondents denied the claim, stating that the appellant abandoned his duties and that the claim was barred by statute.
Issues
- Whether the appellant was entitled to the claimed commission
- Whether the respondents’ denial of the claim was valid
Reasoning
The Court found the appellant’s appeal incompetent due to his failure to comply with the mandatory provisions of the Court of Appeal Rules, specifically the 60-day timeline for filing the record of appeal.
Outcome
The appeal is struck out with costs to the respondents.
Orders
- The appeal is struck out with costs to the respondents.
Authorities cited
Legislation (2)
- Employment Act, 2007
- Court of Appeal Rules
Cases cited (2)
- John Mutai Mwangi & 26 others v Mwenja Ngure & 4 others [2016] eKLR
- 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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