West Kenya Sugar Co Ltd v Sostine Salamba Milimo [2022] KEELRC 957 (KLR)

Summary at a glance

Facts

The Respondent's appeal was struck out by the High Court for being filed in the wrong court. The Applicant filed an application to transfer the case to the Employment and Labour Relations Court (ELRC). The Applicant then filed an appeal in the ELRC, which was also struck out for the same reason.

Issues

• Whether the court should grant leave to the Applicant to file an appeal out of time.
• Whether the depositions made by the Appellant's counsel should be admitted by the court.
• Whether the Applicant stands to suffer loss if the stay of execution is not granted.
• Who shall bear costs of this application.

Reasoning

The court considers the oxygen principle and the provisions of the Civil Procedure Act, finding that the Applicant has complied with the requirements and explained the delay satisfactorily.

Outcome

The court grants leave to appeal out of time.

Orders

• Grant leave to appeal out of time.
• Grant stay of execution of the decree in BUTALI SRMCC NO. 107 OF 2015 SOSTINE SALAMBA MILIMO V WEST KENYA SUGAR CO. LTD.
• Grant stay of execution of the decree in BUTALI SRMCC NO. 107 OF 2015 SOSTINE SALAMBA MILIMO V WEST KENYA SUGAR CO. LTD.
• Admit intended appeal out of time.
• Grant leave to file appeal out of time.
• Grant stay of execution of the decree in BUTALI SRMCC NO. 107 OF 2015 SOSTINE SALAMBA MILIMO V WEST KENYA SUGAR CO. LTD.
• Grant stay of execution of the decree in BUTALI SRMCC NO. 107 OF 2015 SOSTINE SALAMBA MILIMO V WEST KENYA SUGAR CO. LTD.

Authorities cited