[2016] KECA 205 (KLR)
The court found that the applicant had satisfactorily explained the delay in filing the notice and memorandum of appeal, and that the delay was not inordinate. The court also determined that the intended appeal was not frivolous, as evidenced by the draft memorandum of appeal. Furthermore, the court noted that the...
Source-derived case information.
- Citation
- [2016] KECA 205 (KLR)
- Parties
- Applicant: Maridadi Flower Limited; Respondent: Henry Isaiah Onjelo
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 43 of 2016
- Procedural Posture
- Civil Application / Application for Extension of Time to File Notice and Memorandum of Appeal
- Outcome
- Application allowed. Leave granted to file and serve notice and memorandum of appeal out of time.
- Judges
- DK Musinga
- Legal Topics
- Extension of Time, Appeals Process, Procedural Delay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maridadi Flower Limited
Applicant
Henry Isaiah Onjelo
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Notice and Memorandum of Appeal
Legal Issues
- 1 Whether the applicant has provided sufficient explanation for the delay in filing the notice and memorandum of appeal out of time.
- 2 Whether the intended appeal is arguable and not frivolous.
- 3 Whether the respondent will suffer prejudice if the extension is granted.
Ratio Decidendi
The court found that the applicant had satisfactorily explained the delay in filing the notice and memorandum of appeal, and that the delay was not inordinate. The court also determined that the intended appeal was not frivolous, as evidenced by the draft memorandum of appeal. Furthermore, the court noted that the respondent would not suffer any prejudice if the extension was granted, since the decretal amount had already been paid. On these grounds, the court exercised its discretion to grant the applicant leave to file and serve the notice and memorandum of appeal out of time, with the condition that the appeal be filed and served within thirty days from the date of the ruling.
Court Disposition
Application allowed. Leave granted to file and serve notice and memorandum of appeal out of time.
Orders
- Leave is granted to the applicant to file and serve the notice and memorandum of appeal out of time.
- The appeal shall be filed and served within thirty (30) days from the date of this ruling.
Full Case Text
Judgment text and source record
22 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM : D. MUSINGA, JA. (IN CHAMBERS))
CIVIL APPLICATION NO. NAI. 43 OF 2016 (UR 32/2016)
BETWEEN
MARIDADI FLOWER LIMITED..........................APPLICANT
AND
HENRY ISAIAH ONJELO................................RESPONDENT
(Being an application for leave to file and serve the notice of appeal and memorandum of appeal out of time,from the judgment of the Employment and Labour Relations Court at Nakuru (Radido, J) delivered on 4thDecember, 2015
in
Employment and Labour Relations Cause No. 464 of 2014)
***************************
RULING
I have considered the application for extension of time that has been well argued by the applicant’s learned counsel, Ms. Githongori. I am satisfied that the delay in filing the notice of appeal was not inordinate. The delay has been well explained. I have perused the draft memorandum of appeal at page 27 of the application. It is evident that the intended appeal is not frivolous.
Lastly, the respondent shall not suffer any prejudice if this application is granted since the decretal amount has already been paid to him. Consequently, I grant leave to the applicant to file the intended appeal out of time. The appeal should be filed and served within thirty (30) days from the date hereof.
As the respondent has neither attended court for today’s hearing nor filed any replying affidavit, I make no orders as to the costs of the application.
Dated at Nairobi this 15thday of September, 2016.
D. MUSINGA
...................................
JUDGE OF APPEAL
I certify that this is a true copy of the original
DEPUTY REGISTRAR