Roto Moulders Limited v Josphat Ontomwa Mogoba [2021] KEELRC 276 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 276
- Citation
- [2021] KEELRC 276 (KLR)
- Decided
- 18 November 2021
Leave to appeal out of time is allowed, and the applicant is given 14 days to file and serve the appeal. The conditional stay allowed on 23rd September, 2021 shall be complied with within the same time failure to which the order shall lapse. The applicant shall pay auctioneers costs together with costs of this application to the respondent.
Facts
The applicant filed applications seeking a stay of execution of a decree and leave to file an appeal out of time. The respondent was awarded compensation and costs in a previous judgment. The applicant claims illness of counsel prevented the appeal from being filed in time.
Issues
- Whether the applicant has good cause for not filing the appeal in time
- Whether the respondent should be allowed to proceed with execution proceedings without a stay of execution
Reasoning
The court finds good cause to extend time to file the appeal due to the applicant's illness, but the respondent was not prevented from proceeding with execution proceedings as there was no stay of execution.
Outcome
Leave to appeal out of time is granted
Orders
- Leave to appeal out of time is granted
- The applicant is given 14 days to file and serve the appeal
- The conditional stay allowed on 23rd September, 2021 shall be complied with within the same time failure to which the order shall lapse
- The applicant shall pay auctioneers costs together with costs of this application to the respondent
Remedies
- Leave to appeal out of time
- Conditional stay of execution
- Payment of auctioneers costs
Authorities cited
Legislation (2)
- Employment and Labour Relations Court (Procedure) Rules, 2016
- Civil Procedure Act
Cases cited (1)
- Section 75G of the Civil Procedure Act
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