Shree Cutchi Satsang Swaminarayan Temple v Owuor (Employment and Labour Relations Cause E079 of 2022) [2024] KEELRC 251 (KLR) (13 February 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 251
- Citation
- [2024] KEELRC 251 (KLR)
- Decided
- 13 February 2024
Summary at a glance
TypeAppealPostureAppeal Out of TimeCoramAN MWAURE
The court grants an order for a stay of execution of the judgment delivered on 31st March 2021 by Hon. D.O. Mbeja, and orders the appellant to deposit the entire decretal amount as security and to file the record of appeal within 45 days.
Facts
The appellant, Shree Cutchi Satsang Swaminarayan Temple, sought an urgent certification of its application, a stay of execution of a previous judgment, and an appeal out of time due to delays in receiving a copy of the judgment during the COVID-19 pandemic.
Issues
- Whether the appellant has made a case to admit the appeal out of time.
- Whether the appellant's delay in filing the appeal was reasonable and due to valid circumstances.
Reasoning
The court finds the appellant's delay reasonable due to the COVID-19 pandemic and the appellant's application for a copy of the judgment, which was not provided until June 2022.
Outcome
The court grants the appellant's application for a stay of execution of the judgment and orders the appellant to file the record of appeal.
Orders
- Stay of execution of the judgment delivered on 31st March 2021 by Hon. D.O. Mbeja.
- Order the appellant to deposit the entire decretal amount as security.
- Order the appellant to file the record of appeal within 45 days.
Remedies
- Stay of execution of the judgment.
- Order to deposit security.
- Order to file the record of appeal.
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