Muravvej Holdings Limited v Mwadzoya (Miscellaneous Application E015 of 2024) [2024] KEELRC 792 (KLR) (11 April 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 792
- Citation
- [2024] KEELRC 792 (KLR)
- Decided
- 11 April 2024
The application is allowed with conditions: leave granted to appeal out of time, appeal to be filed within 14 days, judgment stayed, costs to be paid by the applicant.
Facts
The applicant sought leave to appeal out of time in ELRC Miscellaneous Application No. E060 of 2021 due to restructuring and misplacement of the file. The judgment in Mombasa CMELRC No.318 of 2018 was delivered on 3 September 2021, and the applicant was granted leave to appeal out of time.
Issues
- Stay of execution to allow appeal out of time
- Costs of the application
Reasoning
The court granted leave to appeal out of time due to restructuring and misplacement of the file, and the applicant's explanation for the delay was accepted. The court balanced the rights of the applicant and the respondent, allowing a 14-day extension for the appeal.
Outcome
The application is allowed with conditions.
Orders
- Leave granted to appeal out of time
- Appeal to be filed within 14 days
- Judgment and decree stayed
- Costs to be paid by the applicant
Remedies
- Stay of execution
- Costs to be paid by the applicant
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (1)
- Nicholas Kiptoo Korir arap Salat v IEBC and Others [2014]eKLR
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