[2021] KEELRC 973 (KLR)
The court found that the appellant failed to comply with the directive to file a complete supplementary record of appeal, resulting in an incomplete memorandum of appeal on record. The court emphasized that being an unrepresented litigant does not exempt one from compliance with court orders. Due to the absence of...
Source-derived case information.
- Citation
- [2021] KEELRC 973 (KLR)
- Parties
- Appellant: Richard Mogire; Respondent: Le Palanka Restaurant
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E074 of 2020
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal struck out
- Judges
- AN Makau
- Legal Topics
- Appeal Struck Out, Incomplete Record, Memorandum of Appeal, Court Orders Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Mogire
Appellant
Le Palanka Restaurant
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the appeal can be determined in the absence of a complete memorandum of appeal.
- 2 Whether the appellant's status as an unrepresented litigant excuses non-compliance with court orders.
Ratio Decidendi
The court found that the appellant failed to comply with the directive to file a complete supplementary record of appeal, resulting in an incomplete memorandum of appeal on record. The court emphasized that being an unrepresented litigant does not exempt one from compliance with court orders. Due to the absence of the full memorandum of appeal, the record was deemed unfit for determination, and the appeal was struck out accordingly.
Court Disposition
appeal struck out
Orders
- The appeal is struck out for being incomplete and unfit for determination.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS
COURT OF KENYA AT NAIROBI
CIVIL APPEAL NO. E074 OF 2020
RICHARD MOGIRE.................................................................APPELLANT
VERSUS
LE PALANKA RESTAURANT..............................................RESPONDENT
JUDGMENT
1. The Appellant was directed to file a supplementary record of appeal as his memorandum of appeal in the Court record is incomplete. To make matters worse, the record on the Judicial Case Tracking System (CTS) has only one page of the entire record of appeal. The Appellant appears in person but that is not a saving grace as he too like every represented litigant must comply with Court orders and directives. The Appeal record being incomplete is unfit for determination and is accordingly struck out for missing a critical document which is the entire Memorandum of Appeal as only one page was attached showing grounds 1-7. There shall be no order as to costs.
It is so ordered.
DATED AND DELIVERED AT NAIROBI THIS 23RD DAY OF SEPTEMBER 2021
NZIOKI WA MAKAU
JUDGE