Kiwasi (Suing in Her Capacity as the Personal Representative of Harry Kitao Stephens) v TPS Eastern Africa Limited (Cause 1964 of 2014) [2025] KEELRC 3085 (KLR) (6 November 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 3085
- Citation
- [2025] KEELRC 3085 (KLR)
- Decided
- 6 November 2025
Summary at a glance
TypeCivilPostureRespondent/Applicant seeks to enlarge time to file a reference against a taxing master's decision.CoramCN BAARI
The Respondent/Applicant has sufficiently laid a basis for the extension of time to file a reference against the decision of the Taxing Master of March 15, 2024.
Facts
The Respondent/Applicant filed a reference against a taxing master's decision on March 15, 2024, but withdrew it due to a form error. The Respondent/Applicant then filed an application on May 3, 2024, seeking to enlarge time to file a new reference.
Issues
- Whether the Respondent/Applicant merits the orders sought for enlargement of time to file a reference against the taxing master's decision.
Reasoning
The court considered the length of the delay, the reason for the delay, and the prejudice to the Respondent if the leave was granted. The court found that the Respondent/Applicant has a sufficient basis for the extension of time.
Outcome
The court granted the orders to enlarge time to file a reference and deemed the draft reference properly filed subject to payment of court fees.
Orders
- Enlargement of time to allow the Applicant to file a reference.
- The draft reference attached herewith be deemed properly filed subject to payment of the requisite court fees.
Authorities cited
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