[2019] KEELRC 2106 (KLR)
The court found that there was no evidence of a properly filed notice of appeal by the applicant against the ruling delivered on 4th October 2018. The purported notice of appeal was filed outside the 14-day period stipulated by Rule 75(2) of the Court of Appeal Rules, and there was no application for extension of...
Source-derived case information.
- Citation
- [2019] KEELRC 2106 (KLR)
- Parties
- Applicant: Naphtaly Omido; Respondent: The Secretary to the Board of Management, Namundera Mixed Secondary School
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 12 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Stop Taxation of Bill of Costs
- Outcome
- application dismissed
- Judges
- MN Nduma
- Legal Topics
- Leave to Appeal Out of Time, Taxation of Costs, Res Judicata
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Naphtaly Omido
Applicant
The Secretary to the Board of Management, Namundera Mixed Secondary School
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Stop Taxation of Bill of Costs
Legal Issues
- 1 Whether the applicant has properly filed an appeal against the ruling delivered on 4th October 2018.
- 2 Whether the court should grant an order to stop the taxation of the bill of costs filed on 16th April 2018.
- 3 Whether the intended appeal would be rendered nugatory if the bill of costs is taxed.
Ratio Decidendi
The court found that there was no evidence of a properly filed notice of appeal by the applicant against the ruling delivered on 4th October 2018. The purported notice of appeal was filed outside the 14-day period stipulated by Rule 75(2) of the Court of Appeal Rules, and there was no application for extension of time. Consequently, the court held that it had no basis to grant an order stopping the taxation of the bill of costs, as there was no valid appeal before the court. Furthermore, the court was not persuaded that the intended appeal, if any, would be rendered nugatory by the taxation of costs. The application was therefore dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application dated 19th November 2018 seeking to stop the taxation of the bill of costs is dismissed.
- Costs to the respondent.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU
MISCELLENOUS APPLICATION NO. 12 OF 2018
(Before Hon. Justice Mathews N. Nduma)
NAPHTALY OMIDO...........................................................................................APPLICANT
VERSUS
THE SECRETARY TO THE BOARD OF MANAGEMENT
NAMUNDERA MIXED SECONDARY SCHOOL.......................................RESPONDENT
RULING
1. The applicant filed an application dated 30th April 2018 on 6th July 2018 seeking to be granted leave to file an appeal out of time against the verdict of the respondent dated 22nd May 2009.
2. The court had in a ruling dated 15th March 2018 held the dispute between the claimant and the respondent was resjudicata having been determined by Njagi J. in Kakamega JR NO. 7 of 2016.
3. The applicant filed Misc. application No. 21 of 2018 seeking to stop taxation of the bill of costs filed on 16th April 2018.
4. On 14th October 2018, the court held that there was no valid appeal against the decision of Kakamega High Court and there was no merit in stopping the taxation of the bill of costs.
5. The applicant filed a further application on 19th November 2018 seeking to stop the taxation of the bill of costs on the grounds that the applicant has appealed the ruling delivered on 4th October 2018.
6. There is no notice of appeal attached to the application against the ruling of the court delivered on 4th October 2018.
7. The notice of appeal is said to have been filed at the Court of Appeal on 19th November 2018 more than 14 days provided under Rule 75 (2) of the Court of Appeal Rules after the ruling of the court delivered on 14th October 2018.
8. The applicant has not alluded to any application for extension of time at the Court of Appeal in terms of Section 4 of the Court of Appeal Rules.
9. Simply put, this court has no evidence of any appeal noted by the applicant.
10. In any event, the court is not persuaded that the intended appeal (if at all) would be rendered nugatory if the bill of costs filed on 16th April 2018 is taxed by the taxing master. The application lacks merit and is dismissed.
Ruling Dated, Signed and delivered this 7th day of March, 2019
Mathews N. Nduma
Judge
Appearances
Mr. Anguo for the respondent
Chrispo – Court Clerk