Radar Limited v Gitahi (Miscellaneous Application E046 of 2023) [2023] KEELRC 3455 (KLR) (23 November 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 3455
- Citation
- [2023] KEELRC 3455 (KLR)
- Decided
- 23 November 2023
Summary at a glance
TypeMiscellaneous ApplicationPostureApplication for leave to appeal out of timeCoramM MBARŨ, J
The court granted the applicant 14 days leave to file the appeal and serve the respondent. The decretal sum awarded by the lower court shall be deposited in a joint interest earning account within 14 days.
Facts
The applicant, Radar Limited, sought to stay proceedings in two cases due to a perceived delay in filing an appeal memorandum. The applicant claimed it was under the mistaken belief that the memorandum had been filed after the lower court judgment on March 30, 2023, and that the delay was due to the respondent's delay in filing the appeal.
Issues
- Whether to grant leave to appeal out of time
- Whether the applicant's delay was intentional
Reasoning
The court considered the length of the delay, the reasons for the delay, the chances of the appeal succeeding, and the degree of prejudice to the respondent. The court granted the applicant 14 days leave to file the appeal due to the applicant's inadvertent mistake.
Outcome
The applicant was granted 14 days leave to file the appeal and serve the respondent.
Orders
- 14 days leave to file appeal and serve respondent
- Decretal sum awarded by lower court to be deposited in joint account within 14 days
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.
Loading judgment…