Teachers Service Commission v Benson Kuria Mwangi [2020] KEELRC 1501 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1501
- Citation
- [2020] KEELRC 1501 (KLR)
Summary at a glance
TypeMiscellaneous ApplicationPostureRespondent filed a replying affidavit, and the application was disposed of by way of written submissions.CoramLady Justice Maureen Onyango
The application is dismissed with costs.
Facts
The applicant sought orders including leave to appeal out of time and a stay of execution of the judgment in Thika CMCC No. 223 of 2008, claiming the judgment was delivered without notice and the applicant had not had sufficient time to appeal.
Issues
- Whether the Employment and Labour Relations Court has the power to grant the orders sought by virtue of Section 79G of the Civil Procedure Act and Order 50 Rule 6 of the Civil Procedure Rules.
- Whether the applicant had good and sufficient cause for not filing the appeal in time.
- Whether the applicant is aggrieved with the entire judgment of the lower court and intends to lodge an appeal on various grounds of law.
Reasoning
The court found the application to be malicious and inordinate, and the applicant did not provide sufficient cause for not filing the appeal in time.
Outcome
Application dismissed with costs.
Authorities cited
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