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Geoffrey Chunguli Mudanya v Panari Hotel Limited [2020] KEELRC 1728 (KLR)

[2020] KEELRC 1728 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1728
Citation
[2020] KEELRC 1728 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureRespondent/Applicant seeks to file Notice of Appeal out of timeCoramONESMUS N. MAKAU
Holding

The application is dismissed with costs to the claimant

Facts

Claimant obtained judgment on 28th September 2018, and Respondent/Applicant is on the verge of taking out execution proceedings against Claimant.

Issues

  1. whether leave to file notice of appeal out of time should be granted
  2. whether the 3 months delay in filing the notice is inordinate

Reasoning

The court finds the delay in filing the notice of appeal is inordinate and the appeal lacks chances of success due to the Respondent/Applicant's lack of participation in the hearing.

Outcome

Dismissed

Orders

  • dismissal of the application with costs

Authorities cited

Legislation (3)
  • Civil Procedure Rules
  • Appellate jurisdiction Act
  • 2010 Constitution
Cases cited (1)
  • Pan African Paper Mills (EA) Ltd -Vs- Olaka [2001] KLR
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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