John Albersten t/a Skyhook Bar and Restaurant v Muluma & another (Miscellaneous Cause E097 of 2022) [2023] KEELRC 1642 (KLR) (7 July 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1642
- Citation
- [2023] KEELRC 1642 (KLR)
- Decided
- 7 July 2023
Summary at a glance
TypeMiscellaneous CausePostureAppeal from a Magistrate's judgmentCoramAN MWAURE
The court finds no case for consideration due to the lack of a record of appeal and dismisses the application.
Facts
The applicant, John Albersten, sought various orders including an urgent certification, change of legal representation, leave to appeal out of time, and stay of execution of judgments. The applicant also sought a temporary injunction against Moran Auctioneers.
Issues
- Diligence of the applicant in filing the record of appeal
- Interest of the applicant in pursuing the appeal
Reasoning
The court notes the applicant's history of delay in filing the record of appeal and concludes that the applicant is no longer interested in pursuing the appeal.
Outcome
The application is dismissed.
Orders
- Release of the decretal sum in the joint account of the respective advocates' accounts to the respondent and the case is marked as closed.
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