[2022] KEELRC 100 (KLR)
The court found that the appellant/applicant had previously been granted leave to file an appeal within 14 days but failed to comply with that order. Instead, the appellant filed the present appeal and another related appeal out of time without seeking extension or leave from the court. Both appeals were found to be...
Source-derived case information.
- Citation
- [2022] KEELRC 100 (KLR)
- Parties
- Appellant: Royal Group Industries (K) Ltd; Respondent: James Abuga Ombui
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Employment and Labour Relations Court Appeal 12 of 2020
- Procedural Posture
- Civil Appeal / Ruling on Application to Reinstate Appeal
- Outcome
- application dismissed; appeal dismissed as nullity
- Judges
- DN Nderitu
- Legal Topics
- Appeal Reinstatement, Dismissal for Want of Prosecution, Abuse of Court Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Royal Group Industries (K) Ltd
Appellant
James Abuga Ombui
Respondent
Procedural Posture
Civil Appeal / Ruling on Application to Reinstate Appeal
Legal Issues
- 1 Whether the appeal dismissed for want of prosecution should be reinstated.
- 2 Whether the appeal was filed within the time allowed by the court.
- 3 Whether the appeal is a nullity due to non-compliance with court orders.
Ratio Decidendi
The court found that the appellant/applicant had previously been granted leave to file an appeal within 14 days but failed to comply with that order. Instead, the appellant filed the present appeal and another related appeal out of time without seeking extension or leave from the court. Both appeals were found to be illegal, null, and void as they were filed in blatant disregard of the court's earlier order. Consequently, the application to reinstate the appeal was dismissed as the underlying appeal itself was a nullity, and the court declined to waste judicial time on a matter that was already determined to be void ab initio.
Court Disposition
application dismissed; appeal dismissed as nullity
Orders
- The Notice of motion dated 16th February, 2022 is dismissed with costs.
- The appeal stands dismissed as a nullity.
Full Case Text
Judgment text and source record
24 paragraphs
Royal Group Industries (K) Ltd v Ombui (Employment and Labour Relations Court Appeal 12 of 2020) [2022] KEELRC 100 (KLR) (16 June 2022) (Ruling)
Neutral citation: [2022] KEELRC 100 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nakuru
Employment and Labour Relations Court Appeal 12 of 2020
DN Nderitu, J
June 16, 2022
Between
Royal Group Industries (K) Ltd
Appellant
and
James Abuga Ombui
Respondent
Ruling
Background 1. This matter is coming for a ruling on 18th July, 2022 in respect of a Notice of motion dated 16th February, 2022 by the Appellant/Applicant in which it is seeking for the following orders:1. That the order of the Hourable Judge made on the 17th November, 2021 automatically dismissing the appellant/Applicant’s Appeal for failure to attend court on the said date for the mention of the notice to show cause application dated 22nd October, 2021 or filing to respond to the notice to show cause application therein be reviewed, varied and/or set aside.2. That the Appellant/Applicant’s appeal filed on 7th September, 2020 be reinstated for mention to take directions.3. That the costs of this Application be provided for.
2. This appeal was dismissed on 17th November, 2021 for want of prosecution but now the Appellant/Applicant is seeking that the same be reinstated.
3. However, this court has made a finding in Appeal No. 2 of 2022 that the two appeals relate to the same subject matter as they are seeking to overturn the same judgment of Hon. Limo in Nakuru CMCELRC No. 135 of 2018 delivered on 30th January, 2020.
4. In a ruling delivered by this court (ELRC) on 7th July, 2020 (Mbaru J) in Misc. ELRC No.4 of 2020 the Appellant/Applicant was granted leave to file an appeal within 14 days of that ruling. However, the Appellant/Applicant did not comply with that order and in blatant abuse of court process filed this appeal and Appeal No.2 of 2020 out of time without leave of court or extension of the 14 days granted earlier on.
5. The two Appeals, No. 2 of 2020 and No.12 of 2020 have been found to be illegal, null, and void.
6. There is therefore no need for this court to waste valuable judicial time in writing a lengthy ruling in respect of Appellant’s /Applicant’s application dated 16th February, 2022.
II. Disposal 7. In the circumstances the Notice of motion dated 16th February, 2022 is hereby dismissed with costs as the appeal on which it is grounded and which it seeks to reinstate is a nullity.
8. This appeal stands dismissed for the same reasons stated above.
9. The ruling in Appeal No. 2 of 2022 is hereby attached as annexture 1 to form part of this ruling.
DATED, SIGNED, AND DELIVERED VIRTUALLY AT NAKURU THIS 16TH DAY OF JUNE 2022. DAVID NDERITUJUDGE