Wilson Wagathiru Mwitumi Rafiki Microfinance Bank & another [2020] KEELRC 664 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 664
- Citation
- [2020] KEELRC 664 (KLR)
- Decided
- 6 May 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureRespondent seeks leave to file an appeal out of time and stay judgmentCoramLINNET NDOLO
Holding
The 1st Respondent is granted leave to file and serve a Notice of Appeal within 7 days and the judgment is stayed pending determination of the appeal
Facts
The 1st Respondent filed a Notice of Appeal against the dismissal of its Preliminary Objection, but faced delays due to court operations being scaled down due to the COVID-19 pandemic.
Issues
- Whether the 1st Respondent has made a case for leave to file the Notice of Appeal out of time
- Whether the delay in bringing the application is inordinate
Reasoning
The court finds the delay excusable due to the pandemic and the 1st Respondent's efforts to file the Notice of Appeal in time.
Outcome
Appeal granted, judgment stayed
Orders
- 1st Respondent granted leave to file and serve a Notice of Appeal within 7 days
- Judgment stayed pending appeal
Remedies
- Costs to be in the cause
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (1)
- Leo Sila Mutiso v Rose Hellen Wangari Mwangi (Civil Application No. Nai. 255 of 1997)
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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