[2023] KEELRC 3163 (KLR)
The court found that the application for leave to file an appeal out of time was unopposed and that the grounds and reasons advanced by the applicant were sufficient. Exercising its discretion under the relevant statutory provisions, the court granted the applicant leave to file the appeal out of time, directed the...
Source-derived case information.
- Citation
- [2023] KEELRC 3163 (KLR)
- Parties
- Applicant: Momul Tea Factory Company Limited; Respondent: Janet Chebet Orero
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E010 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Application for leave to file appeal out of time granted.
- Judges
- DN Nderitu
- Legal Topics
- Leave to Appeal Out of Time, Extension of Time, Procedure for Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Momul Tea Factory Company Limited
Applicant
Janet Chebet Orero
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal out of time.
- 2 Whether the application for extension of time is unopposed and justified.
Ratio Decidendi
The court found that the application for leave to file an appeal out of time was unopposed and that the grounds and reasons advanced by the applicant were sufficient. Exercising its discretion under the relevant statutory provisions, the court granted the applicant leave to file the appeal out of time, directed the manner and timelines for filing and serving the record of appeal and written submissions, and set a mention date to confirm compliance and set a judgment date.
Court Disposition
Application for leave to file appeal out of time granted.
Orders
- The applicant is granted leave to file an appeal out of time.
- The applicant shall file and serve all requisite documents and the record of appeal within 14 days of the ruling.
Full Case Text
Judgment text and source record
16 paragraphs
Momul Tea Factory Company Limited v Orero (Miscellaneous Application E010 of 2023) [2023] KEELRC 3163 (KLR) (30 November 2023) (Ruling)
Neutral citation: [2023] KEELRC 3163 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Kericho
Miscellaneous Application E010 of 2023
DN Nderitu, J
November 30, 2023
Between
Momul Tea Factory Company Limited
Applicant
and
Janet Chebet Orero
Respondent
Ruling
1. Upon reading the notice of motion dated 6th October, 2023, expressed to be brought under the provisions of Section 75G of the Civil Procedure Act, Orders 50 Rule 6 of the Civil Procedure Rules, and Rule 8 of the Employment and Labour Relations Court (Procedure) Rules, the supporting affidavit of Peter M. Karanja Advocate sworn on 11th October, 2023, alongside the annexures thereto and upon hearing Mr. Karanja for the applicant and Miss Kusa for the respondent on 30th October 2023, It Is Hereby Ordered And Directed As Follows–1. That the said application is unopposed and for the grounds and reasons alluded to in the application the applicant be and is hereby granted leave to file an appeal out of time.2. That the applicant shall file and serve upon the respondent all the requisite documents and the record of appeal within 14 days of this ruling.3. That in the very nature and circumstances of the intended appeal, as alluded to in the application, the intended(filed) appeal shall be canvassed by way of written submissions and the applicant’s (appellant’s) counsel shall file and serve his written submissions alongside (2) above.4. That counsel for the respondent shall file and serve her written submissions within 7 days of service as in (2) and (3) above.5. That the filed appeal shall be mentioned before this court on 5th February, 2024 to confirm compliance and for taking a date for judgment.
DATED, DELIVERED VIRTUALLY, AND SIGNED AT NAKURU THIS 30TH DAY OF NOVEMBER, 2023. DAVID NDERITUJUDGE