Masai Rolling Mills Limited v Kunukha & another; Masai Rolling Mills Limited (Appellant); Ongaki & another (Respondent) (Appeal E141 of 2024) [2025] KEELRC 530 (KLR) (24 February 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 530
- Citation
- [2025] KEELRC 530 (KLR)
- Decided
- 24 February 2025
Summary at a glance
TypeAppealPostureAppellant seeks leave to file appeals out of timeCoramNJ ABUODHA
Application is dismissed with no orders as to costs, and the judgment in ELRCA E155 of 2022 will apply to the intended appeals.
Facts
The Appellant filed an application to extend time for filing appeals against Kajiado CMEL cases E055 and E076 of 2021, which were consolidated and judgment issued in June 2022. The Appellant's advocate later filed an appeal in the Kajiado High Court instead of the Employment and Labour Relations Court.
Issues
- Res judicata
- Leave to appeal out of time
Reasoning
The court dismissed the application because the appeals are properly with the court with jurisdiction and cannot be deemed as res judicata. The substantive appeal in ELRCA E155 of 2022 will determine the issues in the appeals to be filed out of time.
Outcome
Application dismissed
Orders
- Application dismissed with no orders as to costs
- Judgment in ELRCA E155 of 2022 will apply to the intended appeals
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