[2018] KEELRC 1095 (KLR)
The court found that the respondent/applicant failed to provide any explanation for the delay in filing the notice of appeal after the decision was rendered. The absence of a cogent reason for the delay meant that the court could not exercise its discretion to extend time for filing the appeal. Consequently, the...
Source-derived case information.
- Citation
- [2018] KEELRC 1095 (KLR)
- Parties
- Applicant: Kenya Union of Commercial Food and Allied Workers; Respondent: Kigetuini Farmers Co-operative Society Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause 42 of 2016
- Procedural Posture
- Leave to Appeal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed
- Judges
- AN Makau
- Legal Topics
- Leave to Appeal, Extension of Time, Delay in Filing Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Union of Commercial Food and Allied Workers
Applicant
Kigetuini Farmers Co-operative Society Limited
Respondent
Procedural Posture
Leave to Appeal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the respondent/applicant should be granted leave to appeal out of time.
- 2 Whether the delay in filing the notice of appeal was explained satisfactorily.
Ratio Decidendi
The court found that the respondent/applicant failed to provide any explanation for the delay in filing the notice of appeal after the decision was rendered. The absence of a cogent reason for the delay meant that the court could not exercise its discretion to extend time for filing the appeal. Consequently, the application for leave to appeal out of time was dismissed.
Court Disposition
application dismissed
Orders
- The motion to grant leave to appeal out of time is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS
COURT OF KENYA AT NYERI
CAUSE NO. 42 OF 2016
KENYA UNION OF COMMERCIAL FOOD AND ALLIED WORKERS.....CLAIMANT
VERSUS
KIGETUINI FARMERS CO-OPERATIVE SOCIETY LIMITED.............RESPONDENT
RULING
1. The motion before court seeks redress for the Respondent in terms of a leave to appeal. The decision of court was rendered on 2nd December 2016. The Respondent/Applicant had Counsel. The Notice of Appeal was filed in January 2017. The filing of Notice of Appeal was late and no explanation has been given for the delay. Since then, the Respondent/Applicant did not pursue the intended Appeal and the court cannot extend time without any cogent reason.
2. The motion to grant leave to appeal out of time therefore fails. The motion is dismissed but with no order as to costs. Matter may proceed to taxation of costs on 3rd October 2018 as indicated for the main suit.
It is so ordered.
Dated and delivered at Nyeri this 24th day of September 2018
Nzioki wa Makau
JUDGE