[2022] KEELRC 1180 (KLR)
The court held that the claimants, having already sought review of the judgment, cannot subsequently seek leave to appeal the same decision. Such conduct is an abuse of the court process and a waste of judicial time and resources. The application for leave to appeal out of time was found to be completely devoid of...
Source-derived case information.
- Citation
- [2022] KEELRC 1180 (KLR)
- Parties
- Applicant: Susan Mumbua & 6 others; Respondent: Navitas Limited & 2 others
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 350 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed with costs; file closed
- Judges
- Nzioki wa Makau
- Legal Topics
- Leave to Appeal Out of Time, Review of Judgment, Finality of Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Susan Mumbua & 6 others
Applicant
Navitas Limited & 2 others
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the claimants are entitled to leave to file an appeal out of time after seeking review of the judgment.
- 2 Whether the application for leave to appeal out of time is an abuse of court process.
Ratio Decidendi
The court held that the claimants, having already sought review of the judgment, cannot subsequently seek leave to appeal the same decision. Such conduct is an abuse of the court process and a waste of judicial time and resources. The application for leave to appeal out of time was found to be completely devoid of merit and was accordingly dismissed with costs to the respondents. The court further ordered the file closed, signaling the finality of the matter.
Court Disposition
application dismissed with costs; file closed
Orders
- The application dated April 12, 2022 is dismissed with costs to the respondents.
- The file is now closed.
Full Case Text
Judgment text and source record
17 paragraphs
Susan Mumbua & 6 others v Navitas Limited & 2 others (Cause 350 of 2015) [2022] KEELRC 1180 (KLR) (13 July 2022) (Ruling)
Neutral citation: [2022] KEELRC 1180 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause 350 of 2015
Nzioki wa Makau, J
July 13, 2022
Between
Susan Mumbua & 6 others
Claimant
and
Navitas Limited & 2 others
Respondent
Ruling
1. The application for determination is the one dated April 12, 2022 seeking to be granted leave to file an appeal out of time so as to appeal the decision of Radido J. made on July 19, 2019. This application is a waste of judicial time and resources as the claimants having sought review of the Judgment cannot now pretend to want to appeal the decision of my brother. It is clear the claimants are under the false impression that they can litigate any further. This application is accordingly, being so devoid of merit to be laughable, dismissed with costs to the respondents. This file is now closed.
It is so ordered.
DATED AND DELIVERED AT NAIROBI THIS 13THDAY OF JULY 2022Nzioki wa MakauJUDGE