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Oloo & 19 others v Development (Civil Application E081 of 2023) [2024] KECA 425 (KLR) (5 April 2024) (Ruling)

[2024] KECA 425 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
425
Citation
[2024] KECA 425 (KLR)
Decided
5 April 2024
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for extension of time to file and serve Notice of AppealCoramH. A. OMONDI
Holding

The application is dismissed with costs to the respondent.

Facts

The applicants filed a petition in the Employment and Labour Relations Court against the respondents, which was dismissed due to a preliminary objection. The applicants then sought to appeal the dismissal but were unable to pay the court fees due to financial constraints.

Issues

  1. Whether the applicants have met the prerequisites for granting relief under rule 4 of the Court of Appeal Rules
  2. Whether the travel to the US was necessary and if the applicants have met the principles set out for exercising discretion in their favor

Reasoning

The court held that the travel to the US was unnecessary and that the applicants have not satisfactorily explained the delay in filing the appeal record. The court found no merit in the application.

Outcome

Dismissed

Authorities cited

Cases cited (3)
  • Imperial Bank (IR) & Anor v Alnashir Popat and Others [2018] eKLR
  • Mongira & Another v Makori & Another [2005] eKLR
  • Nicholas Kiptoo Korir Arap Salat v IEBC [2014] 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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