[2024] KECA 466 (KLR)
The court found that since the applicant's Notice of Appeal had already been struck out by a prior ruling delivered on 23rd February 2024 in Civil Application No. E013 of 2023, the present application for leave to appeal out of time was rendered incompetent and was a non-starter. The court held that it could not...
Source-derived case information.
- Citation
- [2024] KECA 466 (KLR)
- Parties
- Applicant: Uplands Crops Limited; Respondent: Michael Wellington
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Application E028 of 2023
- Procedural Posture
- Civil Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed
- Judges
- JM Mativo
- Legal Topics
- Leave to Appeal Out of Time, Notice of Appeal Striking Out, Appellate Jurisdiction, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Uplands Crops Limited
Applicant
Michael Wellington
Respondent
Procedural Posture
Civil Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to appeal out of time against the judgment of the Employment & Labour Relations Court.
- 2 Whether the application is competent in light of the prior striking out of the Notice of Appeal.
Ratio Decidendi
The court found that since the applicant's Notice of Appeal had already been struck out by a prior ruling delivered on 23rd February 2024 in Civil Application No. E013 of 2023, the present application for leave to appeal out of time was rendered incompetent and was a non-starter. The court held that it could not grant leave to appeal out of time where the foundational Notice of Appeal had already been struck out, and thus dismissed the application with no orders as to costs.
Court Disposition
application dismissed
Orders
- The application dated 24th March 2023 is dismissed with no orders as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
Uplands Crops Limited v Wellington (Civil Application E028 of 2023) [2024] KECA 466 (KLR) (18 April 2024) (Ruling)
Neutral citation: [2024] KECA 466 (KLR)
Republic of Kenya
In the Court of Appeal at Nakuru
Civil Application E028 of 2023
JM Mativo, JA
April 18, 2024
Between
Uplands Crops Limited
Applicant
and
Michael Wellington
Respondent
(Application seeking leave to appeal out of time against the judgment of Employment & Labour Relations Court at Nakuru (H. Wasilwa, J) delivered on 6th December 2023 in E&LRC Case No. 518 of 2014)
Ruling
1. Uplands Crops Limited (the applicant), in its application dated 24th March 2023 seeks leave to appeal out of time against the judgment of Hon. Lady Justice Wasilwa delivered on 6th December 2023 in Nakuru ELRC Cause 518 of 2014. The application is brought under Article 159 of the Constitution, sections 3A of the Appellate Jurisdiction Act and Rule 4 of the Court of Appeal Rules, 2022.
2. The application is supported by grounds on the face of the application and the supporting affidavit of Mr. Samuel Michael Onyango, the applicant’s advocate on record. In opposition to the application, the respondent filed a Replying Affidavit sworn on 13th July 2023.
3. As the record shows, by an application dated 7th February 2023, the Respondent sought to have the Applicant’s Notice of Appeal struck out for being filed out of time. The instant application came up for hearing on 20th July 2023, and Lady Justice Sichale, JA took out the same from the day’s cause list pending the outcome of the Ruling of Court in Civil Application No. E013 of 2023.
4. Vide a Ruling delivered on 23rd February 2024, the aforesaid application was allowed and the Applicant’s Notice of Appeal was struck out. Consequently, the instant application is a non-starter. Accordingly, the application dated 24th March 2023 is dismissed with no orders as to costs.
DATED AND DELIVERED AT NAKURU ON THIS 18TH DAY OF APRIL, 2024. J. MATIVO...................................JUDGE OF APPEALI certify that this is a true copy of the originalSignedDeputy Registrar