Chandarana Supermarket Limited v Edward (Miscellaneous Application E111 of 2023) [2023] KEELRC 3074 (KLR) (28 November 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 3074
- Citation
- [2023] KEELRC 3074 (KLR)
- Decided
- 28 November 2023
Summary at a glance
TypeMiscellaneous ApplicationPostureApplication to enlarge time to file an appeal and request for stay of executionCoramNJ ABUODHA
The court allows the application to file the appeal out of time and grants a stay of execution.
Facts
The applicant, Chandarana Supermarket Limited, sought to enlarge time to file an appeal and request a stay of execution due to a mistake in diarizing the matter, while the respondent, Amisi Edward, had received a judgment awarding compensation for unfair termination of employment.
Issues
- Whether the application to enlarge time to file an appeal is merited
- Whether the application for a stay of execution is justified
Reasoning
The court found the period of delay to be less than a month and the applicant explained the reason for the delay. The court also noted the arguable grounds in the draft memorandum of appeal and the need to hear the applicant's case.
Outcome
The application to enlarge time to file an appeal and request a stay of execution is granted.
Orders
- The application to enlarge time to file an appeal is granted
- A stay of execution is granted
Remedies
- The applicant is allowed to file the appeal out of time
- The stay of execution is granted
Authorities cited
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