Bernard Ogari v Freight in Time Limited [2021] KEELRC 1350 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1350
- Citation
- [2021] KEELRC 1350 (KLR)
- Decided
- 3 June 2021
Summary at a glance
TypeAppealPostureRespondent/Applicant seeks to set aside the award and stay execution pending appealCoramNZIOKI WA MAKAU
The Respondent/Applicant's motion is dismissed with costs to the Claimant
Facts
The Respondent/Applicant filed a Notice of Motion Application seeking to set aside the award and stay execution pending appeal, alleging procedural errors and asserting that the Respondent/Claimant will not be able to refund the decretal sum if the Applicant succeeds in its appeal.
Issues
- Procedural errors in the Notice of Motion Application
- Whether the Respondent/Applicant has filed a valid Notice of Appeal
Reasoning
The Court found the Respondent/Applicant's motion to be fatally defective as it did not capture under which provision of the law it was premised and was thus dismissed. The Notice of Appeal was lodged out of time and with inordinate delay, rendering the intended appeal non-existent.
Outcome
Dismissed with costs
Authorities cited
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