Scrub and Surf Cleaning Services v Caroline Alivitsa [2021] KEELRC 244 (KLR)

Summary at a glance

Facts

The Respondent/Applicant filed a notice of motion application to dismiss the appeal for want of prosecution. The Appellant filed a memorandum of Appeal on 21st August, 2019 and obtained interim orders for stay of execution on the 6th December, 2019. The appeal has not been set down for hearing.

Issues

• Whether the appeal should be dismissed for want of prosecution.
• Whether the Appellant's advocate should be allowed to access money from a joint account.

Reasoning

The Court considers the rules of the Court and the Civil Procedure Rules, finding that the appeal cannot be dismissed for want of prosecution. The Court orders the Appellant to take the necessary steps to place the record of Appeal before the Employment and Labour Relations Court.

Outcome

The appeal is not dismissed for want of prosecution.

Orders

• The Appellant is placed on terms to place the record of Appeal before the Employment and Labour Relations Court within 30 days and request the registrar to place the Appeal before a judge for directions within 14 days of the expiry of 30 days.
• The interim stay orders are deemed discharged.

Remedies

• The Appellant is ordered to take the necessary steps to place the record of Appeal before the Employment and Labour Relations Court within 30 days and request the registrar to place the Appeal before a judge for directions within 14 days of the expiry of 30 days.

Authorities cited