Transport Workers Union v Puma Wholesalers Limited [2016] KEELRC 1828 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1828
- Citation
- [2016] KEELRC 1828 (KLR)
Summary at a glance
TypeAppealPostureRespondent/Applicant seeks to file a notice of appeal out of time against a ruling dismissing an application for reviewCoramMATHEWS NDERI NDUMA
The application to enlarge time within which the applicant is to file a notice of appeal is misconceived, and the application for stay of execution pending filing of appeal to the Court of Appeal is refused.
Facts
The respondent/applicant sought to file an appeal out of time against a judgment dismissing an application for review, citing a delay due to lack of knowledge of their advocates.
Issues
- Whether the respondent/applicant can file a notice of appeal out of time
- Whether the respondent/applicant can seek a stay of execution of the judgment
Reasoning
The application to enlarge time was misconceived as the notice of appeal was already filed without leave of court. The judgment was delivered eleven months before the application was filed, and the applicant squandered the opportunity to appeal.
Outcome
Appeal dismissed, application for stay of execution refused
Orders
- Application to enlarge time for filing a notice of appeal is refused
- Application for stay of execution pending filing of appeal to the Court of Appeal is refused
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