GEORGE MORARA MASITA v TEXPLAST INDUSTRIES LTD [2011] KEHC 394 (KLR)
- Court
- High Court of Kenya
- Case number
- 394
- Citation
- [2011] KEHC 394 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureLeave to File Appeal Out of TimeCoramM.A. Ang'awa
Holding
Leave to file an appeal out of time is granted.
Facts
The applicant filed a suit against his employer for breach of statutory duty due to an unsafe working environment. The employer failed to file a defence, and an interlocutory judgment was entered against them. The applicant applied for leave to file an appeal out of time.
Issues
- Service of the appeal application
- Timing of the replying affidavit
- Validity of the interlocutory judgment
Reasoning
The court granted leave to file the appeal out of time due to the delay in service and the filing of the replying affidavit, considering the circumstances and the law.
Outcome
Leave to file an appeal out of time granted.
Orders
- Leave to file an appeal out of time granted.
- Appellant is to file and serve their appeal within 14 days of this ruling.
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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