Chuna Co-operative Savings & Credit Society Limited v Osawo (Civil Application E501 of 2025) [2025] KECA 1992 (KLR) (21 November 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1992
- Citation
- [2025] KECA 1992 (KLR)
- Decided
- 21 November 2025
The Court grants leave to the applicant to file and serve notice of appeal and the record of appeal within the next fourteen (14) days from the date of this ruling.
Facts
Chuna Co-operative Savings & Credit Society Limited filed an application for extension of time to file an appeal against the judgment of Abuodha, J. in ELRC Cause No. 606 of 2019, where the respondent was awarded Kshs. 7,119,820 on account of gratuity under a Collective Bargaining Agreement (CBA). The applicant instructed its advocates to initiate an appeal immediately after learning of the judgment.
Issues
- Whether the learned trial judge erred in applying the CBA retrospectively.
- Whether the computation of gratuity was based on the correct remuneration terms.
- Whether the respondent was entitled to gratuity under the law.
- Whether the award constituted unjust enrichment.
Reasoning
The Court considers the delay in filing the appeal to be due to the lack of service of a judgment notice and the applicant's inability to obtain a copy of the impugned judgment. The Court grants leave to file the appeal out of time.
Outcome
Leave granted to file and serve notice of appeal and record of appeal within 14 days.
Orders
- Leave granted to file and serve notice of appeal and record of appeal within 14 days from the date of this ruling.
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