Labour Officer Vihiga v Hilem Shah [2014] KEELRC 1322 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1322
- Citation
- [2014] KEELRC 1322 (KLR)
- Decided
- 18 September 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppellant seeks to strike out the respondent's appeal for being filed out of time and in the wrong court.CoramHellen S. Wasilwa
Holding
The appeal is before the right court and the court has jurisdiction to entertain the same. The appeal is admitted out of time due to a good reason.
Facts
The respondent filed a criminal case against the appellant in Vihiga Court, and after receiving the judgment, the respondent lodged an appeal at the Industrial Court of Kenya at Kisumu.
Issues
- Whether the appeal is before the right court and whether the court has jurisdiction to entertain the same.
- Whether the appeal is rightly filed before this court.
Reasoning
The court found that the appeal was filed in the right court and within the jurisdiction of the Industrial Court. The court admitted the appeal due to the good reason of the appellant receiving the proceedings late.
Outcome
The appeal is admitted out of time.
Orders
- The appeal is admitted out of time.
- The costs of the application are in favour of the applicant.
Authorities cited
Legislation (2)
- Article 162(2) of the Constitution
- Industrial Court Act 2011
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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