Tsuma v Tudor Services Ltd (Appeal E080 of 2021) [2022] KEELRC 4001 (KLR) (22 September 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 4001
- Citation
- [2022] KEELRC 4001 (KLR)
- Decided
- 22 September 2022
Summary at a glance
TypeAppealPostureRespondent's application for leave to cross-appeal out of timeCoramAK NZEI
The application is dismissed with costs.
Facts
The respondent/applicant sought leave to cross-appeal out of time the award of service pay granted by the trial court. The applicant failed to file a cross-appeal in time due to an inadvertent mistake in the advocate's office.
Issues
- Whether the respondent/applicant's prayer for leave to file a cross-appeal out of time is merited.
Reasoning
The court's rules are silent on the filing of cross-appeals and extension of time. The court's practice is to revert to the Civil Procedure Act. The applicant's delay in filing the cross-appeal was due to an inadvertent mistake, and there is no material before the court to enable the court's discretion to be exercised.
Outcome
Dismissed
Authorities cited
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