[2024] KEELRC 13194 (KLR)
The court found that the appellant's failure to file the appeal within the prescribed period was due to the lower court's delay in providing certified copies of proceedings and judgment, as evidenced by the certificate of delay. The delay was not attributable to the appellant, who made persistent efforts to obtain...
Source-derived case information.
- Citation
- [2024] KEELRC 13194 (KLR)
- Parties
- Appellant: Harrison Njoroge Wanjiru; Respondent: Superform Pty Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E029 of 2023
- Procedural Posture
- Civil Appeal / Ruling on Application to Enlarge Time for Filing Appeal
- Outcome
- application allowed
- Judges
- K Ocharo
- Legal Topics
- Extension of Time, Appeal Filing Deadlines, Certificate of Delay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Harrison Njoroge Wanjiru
Appellant
Superform Pty Ltd
Respondent
Procedural Posture
Civil Appeal / Ruling on Application to Enlarge Time for Filing Appeal
Legal Issues
- 1 Whether the appellant should be granted an extension of time to file the appeal out of time.
- 2 Whether the delay in filing the appeal was occasioned by circumstances beyond the appellant's control.
Ratio Decidendi
The court found that the appellant's failure to file the appeal within the prescribed period was due to the lower court's delay in providing certified copies of proceedings and judgment, as evidenced by the certificate of delay. The delay was not attributable to the appellant, who made persistent efforts to obtain the documents. In the absence of any opposition from the respondent, and given the sufficient explanation and supporting material, the court exercised its discretion to allow the application and deemed the appeal duly filed.
Court Disposition
application allowed
Orders
- Time for filing the appeal is enlarged.
- The appeal is deemed duly filed.
Full Case Text
Judgment text and source record
21 paragraphs
Wanjiru v Superform Pty Ltd (Civil Appeal E029 of 2023) [2024] KEELRC 13194 (KLR) (22 November 2024) (Ruling)
Neutral citation: [2024] KEELRC 13194 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Civil Appeal E029 of 2023
K Ocharo, J
November 22, 2024
Between
Harrison Njoroge Wanjiru
Appellant
and
Superform Pty Ltd
Respondent
Ruling
1. Through his application dated 17th January 2024, the Appellant, acting in person, seeks that time for filing his appeal be enlarged and, as a result, the appeal herein be deemed as duly filed. The application is supported by the Appellant’s /Applicant’s affidavit sworn on the 17th of January 2024.
2. The Respondent didn’t file any grounds of opposition or reply affidavit in opposition to the application as per the Rules of Procedure. The application remains unchallenged, therefore.
3. The Appellant contended that the failure to file the appeal within the requisite time was occasioned by the failure on the part of the lower court to supply him with certified copies of proceedings and Judgement. There is ample material before this Court to support his position that he persistently made efforts to pursue the release of the proceedings and Judgment to him. The certificate of delay dated 5th October 2022 shows that it took the lower court more than two years to avail the documents to the Appellant.
4. Considering the foregoing premises, I am of the view that the failure by the Appellant to file his appeal within the requisite period was occasioned by circumstances, not of his making. He deserves the orders sought in his stated application.
5. In the upshot, the application is hereby allowed. The appeal herein is deemed duly filed.
6. The appeal shall be mentioned before Justice Keli on 17th January 2025 for directions on the hearing of the same.
READ, SIGNED, AND DELIVERED THIS 22ND DAY OF NOVEMBER 2024. OCHARO KEBIRAJUDGEIn the presence of:The AppellantNo appearance for the Respondent