[2018] KEELRC 1168 (KLR)
The Respondent/Applicant failed to comply with the court's explicit order to file an appeal within sixty days from the date of the ruling delivered on 2nd November, 2017. The application to set aside or vary the consequences of that order was filed more than eight months after the ruling, constituting an...
Source-derived case information.
- Citation
- [2018] KEELRC 1168 (KLR)
- Parties
- Claimant: Joseph Morara Omoke; Respondent: Invesco Assurance Company Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 245 of 2013
- Procedural Posture
- Cause / Ruling on Application
- Outcome
- application dismissed with costs
- Judges
- MN Nduma
- Legal Topics
- Appeal Timelines, Release of Decretal Sum, Doctrine of Laches
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Morara Omoke
Claimant
Invesco Assurance Company Limited
Respondent
Procedural Posture
Cause / Ruling on Application
Legal Issues
- 1 Whether the Respondent/Applicant complied with the court's order to file an appeal within sixty days.
- 2 Whether the application dated 7th June 2018 is merited given the lapse of time since the original ruling.
- 3 Whether the doctrine of laches applies to bar the Respondent/Applicant's application.
Ratio Decidendi
The Respondent/Applicant failed to comply with the court's explicit order to file an appeal within sixty days from the date of the ruling delivered on 2nd November, 2017. The application to set aside or vary the consequences of that order was filed more than eight months after the ruling, constituting an unreasonable and unexplained delay. The court found that the Respondent/Applicant was caught by the doctrine of laches, having slept on its right to appeal. Accordingly, the application lacked merit and was dismissed with costs to the Claimant/Respondent.
Court Disposition
application dismissed with costs
Orders
- The application dated 7th June 2018 is dismissed with costs to the Claimant/Respondent.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU
CAUSE NO.245 OF 2013
(Before Hon. Justice Mathews N. Nduma)
JOSEPH MORARA OMOKE................................................CLAIMANT
VERSUS
INVESCO ASSURANCE COMPANY LIMITED...........RESPONDENT
R U L I N G
1. Hon. Maureen Onyango J. delivered a ruling on 2nd November, 2017 in which she held –
“I therefore order that the Deputy Registrar ensures that proceedings are supplied to the Respondent within 30 days from the date of ruling and that the appeal be filed within 60 days failing which the decretal sum deposited may be released to the Claimant.”
2. The Deputy Registrar released the decretal sum on 20th February, 2018. Sixty days expired on 2nd January, 2018 from the date of the ruling delivered on 2nd November, 2017.
3. The terms of the ruling by Hon. Maureen Onyango J. of filing the appeal within sixty (60) days were not complied with by the Respondent/Applicant.
4. The prayers sought in the application dated 7th June 2018, more than eight (8) months from the date of the ruling of the court lacks merit. The Respondent/Applicant slept on its right and is caught by the doctrine of latches. The application is dismissed with costs.
Dated and Signed in Kisumu this 20th day of September, 2018
Mathews N. Nduma
Judge
Appearances
Mr. Kevin Adego for Respondent/Applicant
Claimant/Respondent in person
Chrispo – Court Clerk