Board of Management, Friends School, Senende v Abwala (Miscellaneous Cause E026 of 2022) [2023] KEELRC 960 (KLR) (28 April 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 960
- Citation
- [2023] KEELRC 960 (KLR)
- Decided
- 28 April 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous CausePostureApplication for stay of execution of judgment pending appealCoramNJ ABUODHA
Holding
The Court grants the Respondent leave to appeal out of time and orders a stay of execution of the judgment pending the appeal.
Facts
The Respondent, Patrick Luvayo Abwala, sued the Board of Management, Friends School, Senende in Eldoret CM ELRC No 205 of 2019. The Respondent was found unlawfully dismissed and awarded compensation. The Respondent appealed the decision, but the appeal was not filed in time due to the closure of schools.
Issues
- Whether the delay in filing the appeal was inordinate
- Whether the Respondent should be granted leave to appeal out of time
Reasoning
The Court grants leave to appeal out of time due to the Respondent's inability to file the appeal within the time frame due to the closure of schools, and orders a stay of execution of the judgment.
Outcome
Leave to appeal granted out of time, stay of execution of judgment pending appeal
Orders
- Leave to appeal granted out of time
- Stay of execution of judgment pending appeal
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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