Wilhemsen Ship Services Limited v Gharib Hashim Rashid [2019] KEHC 9741 (KLR)
- Court
- High Court of Kenya
- Case number
- 9741
- Citation
- [2019] KEHC 9741 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks leave to appeal a decision that struck out the suit for being res judicata.CoramP J O OTIENO
Holding
The court dismissed the application for leave to appeal, stating that the decision was not required to be appealed with leave.
Facts
The Appellant sought to strike out the suit for being res judicata, which was determined at the Employment and Labour Relations Court.
Issues
- Whether the interests of justice would be served by granting leave to appeal.
- Whether the impugned decision required leave to appeal.
Reasoning
The court ruled that the application was not made pursuant to any disclosed rules under the Civil Procedure Act and was grounded under Order II Rule 15(1) b & d, which allows for a right of appeal without leave.
Outcome
The court dismissed the application for leave to appeal.
Orders
- Each party shall bear their own costs.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Supreme Court Act
Cases cited (4)
- Republic vs University of Nairobi
- Phillip Chemwolo vs Augustine Kubende
- Charles Githinji Muigua vs Charles Kiiru Karanga
- Nicholas Kiptoo Arap Korir Salat vs IEBC & Other
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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