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BUSCAR (EA) LIMITED V. ISSA SHEKUE SHALI & 2 ORS

(2022) JELR 113971 (CA)

Court of Appeal  •  Civil Appeal 22 of 2020  •  10 Jun 2022  •  Kenya

Coram
SG Kairu, JA A Mbogholi-Msagha, JA P Nyamweya, JA

Judgement

JUDGMENT

  1. This appeal arises from a ruling dated 4th March 2020 by the Employment and Labour Relations Court (ELRC) at Mombasa (Ndolo J.) in Mombasa ELRC Case No 322 of 2015. We had to struggle to find the said ruling in the Record of Appeal, as it was not included in the index thereof, and finally located it in an uncertified handwritten three-page photocopy of the trial Court’s proceedings of 4th March 2020, which were randomly placed in the said Record at pages 366-368 thereof.

  2. The gist of the said ruling, which was on a garnishee application dated 19th December 2019 brought by Isssa Shekue Shali, the 1st Respondent herein, was that that the relationship between Buscar Limited (the 2nd Respondent) and Buscar (EA) Limited (the Appellant) was settled in the judgment delivered in the matter on 22nd November 2018 by Rika J. Further, that attempts to reopen the issue were declined in subsequent rulings by Rika J. and Ndolo J. dated 24th October 2019 and 11th December 2019 respectively. The…

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