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Haji t/a Almumin High School v Onsongo t/a Hegeons Auctioneers (Appeal E055 of 2024) [2025] KEELRC 383 (KLR) (14 February 2025) (Ruling)

[2025] KEELRC 383 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
383
Citation
[2025] KEELRC 383 (KLR)
Decided
14 February 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a Magistrate's OrderCoramJAMES RIKA
Holding

The entire Appeal/Application is declined.

Facts

The Appellant filed an application for the assessment of the Respondent's fees and disbursements on March 12, 2024. The Appellant did not file her appeal within the 7-day period required by the Auctioneers Rules and filed it 4 months later.

Issues

  1. Whether the Appellant's appeal was filed within the prescribed period under Rule 55[5] of the Auctioneers Rules.
  2. Whether the Appellant's appeal was presented under Rule 55[4] and [5] of the Auctioneers Rules, which requires a Memorandum of Appeal by way of Chamber Summons within 7 days of the assessment.

Reasoning

The Appellant did not file her appeal within the 7-day period required by the Auctioneers Rules and filed it 4 months later, which is in violation of the rules.

Outcome

The Appellant's appeal is declined.

Orders

  • The entire Appeal/Application is declined.
  • No order on the costs.

Authorities cited

Legislation (2)
  • Auctioneers Rules, 1997
  • Employment and Labour Relations Court Rules
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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