Osielo Okoth O’king & 3 others v A claim in rem against The Owners of Motor Vessel Nasibu, Nasibu Fishing Company Ltd [2019] KEELRC 553 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 553
- Citation
- [2019] KEELRC 553 (KLR)
Summary at a glance
TypeClaim in RemPostureAppeal from a judgment in favor of the claimants, with an application to set aside the judgment and an appeal filedCoramJames Rika
The Respondent's application to set aside the judgment is rejected, and the Respondent's appeal is dismissed. Costs are awarded to the Claimants.
Facts
The claimants are seeking a judgment against the owners of the motor vessel Nasibu and Nasibu Fishing Company Ltd.
Issues
- Whether the Respondent's application to set aside the judgment should be granted
- Whether the Respondent's appeal should be allowed
- Whether the Respondent's application for leave to lodge a Notice of Appeal out of time should be granted
Reasoning
The court finds no reason to justify granting leave to file a Notice of Appeal out of time or to grant an order for stay of execution. The Respondent opted not to participate in the proceedings.
Outcome
Appeal dismissed, costs awarded to the Claimants
Orders
- The Application filed by the Respondent on 16th July 2019 is rejected.
- Costs to the Claimants.
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