[2024] KEELRC 127 (KLR)
The court found that the applicant had demonstrated sufficient cause to warrant the grant of leave to file an appeal out of time against the ruling and order of the lower court delivered on 20th September 2023. The court exercised its discretion in favour of the applicant, noting the absence of opposition from the...
Source-derived case information.
- Citation
- [2024] KEELRC 127 (KLR)
- Parties
- Applicant: Maridadi Flowers Ltd; Respondent: Ezekiel Walwanda Khisa
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 067 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time and Stay of Execution
- Outcome
- Application allowed in part; leave to appeal out of time granted; stay of execution issued; costs to abide outcome of intended appeal.
- Judges
- DN Nderitu
- Legal Topics
- Leave to Appeal Out of Time, Stay of Execution, Supervisory Jurisdiction, Warrants of Attachment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maridadi Flowers Ltd
Applicant
Ezekiel Walwanda Khisa
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time and Stay of Execution
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal out of time against the ruling of the lower court.
- 2 Whether an order for stay of execution should be issued pending the intended appeal.
- 3 Whether the warrants of attachment issued were illegal, null and void.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient cause to warrant the grant of leave to file an appeal out of time against the ruling and order of the lower court delivered on 20th September 2023. The court exercised its discretion in favour of the applicant, noting the absence of opposition from the respondent and the need to preserve the right of appeal. The court further held that a stay of execution was warranted pending the filing and determination of the intended appeal to prevent the appeal from being rendered nugatory. The court therefore granted leave to appeal out of time, ordered that the appeal be lodged within 30 days, and issued a stay of execution pending the...
Court Disposition
Application allowed in part; leave to appeal out of time granted; stay of execution issued; costs to abide outcome of intended appeal.
Orders
- Leave is granted to the applicant to file an appeal out of time against the ruling and order made by the lower court in Nakuru CMC ELRC E167 of 2023 (Orenge PM) on 20th September, 2023.
- The appeal shall be lodged within 30 days of this ruling, failing which the leave shall lapse automatically.
Full Case Text
Judgment text and source record
19 paragraphs
Maridadi Flowers Ltd v Khisa (Miscellaneous Application 067 of 2023) [2024] KEELRC 127 (KLR) (5 February 2024) (Ruling)
Neutral citation: [2024] KEELRC 127 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nakuru
Miscellaneous Application 067 of 2023
DN Nderitu, J
February 5, 2024
Between
Maridadi Flowers Ltd
Applicant
and
Ezekiel Walwanda Khisa
Respondent
Ruling
1. In a notice of motion dated 22nd November, 2023, the applicant is seeking for the following prayers;-1. Spent2. Spent3. That this honourable court be pleased to set aside the warrants of attachment issued on 21st November 2023 for being illegal, null and void.4. That under the supervisory jurisdiction of this Honourable Court over the subordinate Courts, the proceedings, file, records of all rulings in respect to Nakuru Misc. ELRC E167 of 2023 be moved to this court to aid in the determination of this application.5. That the Applicants be granted leave to file an appeal from the ruling in Nakuru Misc. ELRC 167 of 2023 dated and delivered by Hon. Orenge, Principal Magistrate on the 20th September, 2023. 6.That the Auctioneers fees be borne by the Respondent.7. That the costs of this application be provided for.
2. The court issued interim orders for stay of execution on 23rd November, 2023 pending the hearing and the determination of the application.
3. When the application came up in court for hearing on 14th December, 2023 the respondent or his counsel, though duly served, did not attend court and counsel for the applicant prayed that the application be allowed as prayed.
4. Upon Reading the said application, the supporting affidavit and the annexures thereto, the court makes the following orders:-1. That leave be and is hereby granted to the applicant to file an appeal out of time against the ruling and order made by the lower court in Nakuru CMC ELRC E167 of 2023 (Orenge PM) on 20th September, 2023. 2.That the appeal be lodged within 30 days of this ruling failure to which the leave shall lapse automatically.3. That pending the filing of the said intended appeal an order for stay of execution be and is hereby issued.4. That the costs of this application shall abide with costs in the intended appeal.
DATED, DELIVERED VIRTUALLY AND SIGNED AT NAKURU THIS 5TH DAY OF FEBRUARY, 2024. DAVID NDERITUJUDGE