Green Pastures Farm v Ngweso (Civil Application E143 of 2024) [2025] KECA 720 (KLR) (25 April 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 720
- Citation
- [2025] KECA 720 (KLR)
- Decided
- 25 April 2025
The application is allowed, and the applicant is granted an extension of time to file and serve the notice and record of appeal within 14 days of the ruling.
Facts
The applicant, Green Pastures Farm, sought to appeal a judgment from the Employment and Labour Relations Court. The applicant's advocate, Charles B.G. Ouma, prepared and filed a Notice of Appeal on July 15, 2024, but failed to file a letter bespeaking the proceedings, leading to a delay in computing the appeal deadline. The delay was due to health issues and the need for typed proceedings from the ELRC.
Issues
- Whether the applicant is entitled to an extension of time to file and serve a notice of appeal
- Whether the applicant's delay in filing the letter bespeaking the proceedings was due to health issues and the need for typed proceedings
Reasoning
The court found that the applicant's delay was due to health issues and the need for typed proceedings, which were beyond the control of the applicant's advocate. The court exercised its discretion to allow the extension of time.
Outcome
The application is allowed.
Orders
- The applicant is granted an extension of time to file and serve the notice and record of appeal within 14 days of the ruling.
- There shall be no orders as to costs.
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