Radar Security Limited v Obiele (Appeal E189 of 2022) [2025] KEELRC 1738 (KLR) (13 June 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1738
- Citation
- [2025] KEELRC 1738 (KLR)
- Decided
- 13 June 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a previous judgmentCoramSC RUTTO
Holding
The Notice of Motion is dismissed with no order as to costs.
Facts
Radar Security Limited appealed against a judgment dismissing their appeal on a technicality, claiming the court did not consider a Notice of Appeal dated 9th September 2022.
Issues
- Whether the Applicant has satisfied the requirements for the grant of an order for Review under Rule 74 of the Employment and Labour Relations Court (Procedure) Rules, 2024.
- Whether the Notice of Appeal dated 9th September 2022 is an Appeal to this Court as contemplated under the Civil Procedure Rules, 2010 and the ELRC (Procedure) Rules (2016).
Reasoning
The Court found the Notice of Appeal dated 9th September 2022 to be superfluous and not an appeal to this Court, as the proper manner of invoking jurisdiction was by way of a memorandum of appeal.
Outcome
Appeal dismissed
Authorities cited
Legislation (3)
- Civil Procedure Rules, 2010
- Employment and Labour Relations Court (Procedure) Rules 2016
- Section 1B of the Civil Procedure Act (Chapter 21 of the Laws of Kenya)
Cases cited (2)
- Order 42 Rule 1(1) of the Civil Procedure Rules, 2010
- Rule 8(1) of the Employment and Labour Relations Court (Procedure) Rules 2016
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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