Muriuki v Skytop Technologies Limited; Skytop Mcarfix Limited (Objector) (Cause 788 of 2019) [2023] KEELRC 3172 (KLR) (30 November 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 3172
- Citation
- [2023] KEELRC 3172 (KLR)
- Decided
- 30 November 2023
Summary at a glance
TypeAppealPostureAppeal from a decision rendered by Justice Ndolo in objection proceedingsCoramBOM MANANI
The application for leave to appeal is granted
Facts
Justice Makau ordered the Respondent to pay the Claimant outstanding salary and remit taxes. The Objector objected to the execution of the decree, claiming the goods were its property.
Issues
- Whether the Objector can appeal the decision
- Whether the court erred in not considering the Objector and Respondent as distinct persons in law
Reasoning
The court grants the application for leave to appeal due to the Objector's mistake in not lodging the application for leave within 14 days of the decision. The court considers the error to be due to the Objector's lawyers' mistake and not the Objector's complicity.
Outcome
The appeal is allowed
Orders
- Leave to appeal granted
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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