Mursal v Shalle & 6 others (Petition E080 of 2020) [2024] KEELRC 2384 (KLR) (27 September 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2384
- Citation
- [2024] KEELRC 2384 (KLR)
- Decided
- 27 September 2024
Summary at a glance
TypePetitionPostureAppeal from a previous judgmentCoramGikonyo, NELSON JORUM
The application is found without merit and is hereby dismissed with costs.
Facts
The 1st Respondent, Wadere Kalihe Shalle, advertised a position for Chief Boji Heri Location in Wajir West Sub County on July 28, 2023, in compliance with a previous court order. The 1st Respondent, Ali Abdullahi Mursal, filed an application seeking a stay of execution of a previous judgment, setting aside proceedings, and other orders.
Issues
- Whether the 1st Respondent's application for a stay of execution and setting aside proceedings is meritorious.
- Whether the 1st Respondent has come to the court with clean hands and whether the application was made in a timely manner.
Reasoning
The court found that the 1st Respondent did not come to the court with clean hands and made the application inordinately late. There was no appeal against the previous judgment, and the court's judgment was delivered on December 19, 2022. The application was filed more than one and a half years after the judgment.
Outcome
Application dismissed
Orders
- Application dismissed with costs
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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