Kenya Hotels and Allied Workers Union v Praying Mantis Limited (Civil Application E034 of 2022) [2024] KECA 788 (KLR) (5 July 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 788
- Citation
- [2024] KECA 788 (KLR)
- Decided
- 5 July 2024
The application is granted, the record of appeal is struck out and the notice of appeal is deemed withdrawn with costs to the applicant.
Facts
The Kenya Hotels and Allied Workers Union filed a suit against Praying Mantis Limited in the Employment and Labour Relations Court, alleging unfair termination of employment and demanding reinstatement or payment of terminal dues. The Employment and Labour Relations Court found the termination unfair and awarded terminal dues, interest, and costs.
Issues
- Whether the Notice of Appeal was filed within the prescribed time
- Whether the respondent failed to serve the letter requesting typed proceedings and the judgment of the High Court
Reasoning
The respondent failed to lodge an appeal within the prescribed 60-day time frame and did not serve the applicant with the requested letter. The appeal is deemed an abuse of the court process.
Outcome
The record of appeal is struck out and the notice of appeal is deemed withdrawn.
Orders
- Record of appeal dated 14th February, 2022 is struck out
- Notice of appeal dated 22nd February, 2021 is deemed withdrawn
Remedies
- Costs to the applicant
Authorities cited
Legislation (2)
- Appellate Jurisdiction Act
- Court of Appeal Rules 2010/2022
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