Bedrock Holdings Limited v Wangari (Employment and Labour Relations Appeal E003 of 2023) [2023] KEELRC 2293 (KLR) (29 September 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2293
- Citation
- [2023] KEELRC 2293 (KLR)
- Decided
- 29 September 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment awarding costs 11 months after the original judgmentCoramONESMUS N MAKAU
Holding
The appeal is time barred.
Facts
The respondent sued the appellant alleging unfair termination and sought compensatory damages, terminal dues, and costs. The respondent was awarded only terminal benefits and a certificate of service, but the appellant challenged the costs award. The respondent then applied for costs, which the lower court set aside and granted.
Issues
- Whether the appeal is time barred.
- Whether the trial court violated the doctrine of functus officio.
- Whether the appeal has merits and ought to be allowed.
- Where costs of the appeal should be awarded.
Reasoning
The appeal was filed out of the statutory period of 30 days from the date of the ruling. The court found no sufficient cause to justify the late filing of the appeal.
Outcome
The appeal is dismissed.
Orders
- The appeal is dismissed.
- The typed proceedings and ruling were not supplied by the lower court within the time for filing the appeal.
- The appeal was filed out of time.
Authorities cited
Legislation (2)
- Civil Procedure Act
- ELRC Procedure Rules
Cases cited (2)
- Selle v Associated Motor Boat Co. (1968) EA 123
- Civil Procedure Act, section 79 G
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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