West Kenya Sugar Co. Ltd v Titus Chivuyi Mulela [2022] KEELRC 962 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 962
- Citation
- [2022] KEELRC 962 (KLR)
The court has jurisdiction to deal with the application and any appeal that may be filed. The outgoing advocate and the new advocates for the Applicant have filed a consent in the lower court, addressing the mischief alluded to in the SK Tarwadi case.
Facts
The Applicant approached the court seeking various orders including leave to file appeal out of time and stay of execution of the judgment in a previous case. The Respondent opposed the application, arguing it was incompetent and lacked jurisdiction.
Issues
- Jurisdiction of the court
- Competence of the Applicant's Advocate
Reasoning
The court found that the outgoing advocate and the new advocates for the Applicant had filed a consent in the lower court, addressing the issues raised by the Respondent. The court dismissed the Respondent's arguments and granted the application.
Outcome
The court granted the application.
Orders
- Leave to file appeal out of time
- Stay of execution of the judgment in the lower court pending the lodgment, hearing and determination of the appeal
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules 2010
Cases cited (3)
- SK Tarwadi -vs- Veronica Meiehhmann (2019) eKLR
- John Langat -vs- Kipkemboi Terer & 2 others (2013) EKLR
- Simon Barasa Obiero -vs- Onyango Obiero (2016) eKLR
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