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(2020) JELR 102711 (CA)

Court of Appeal  •  Civil Application 105 of 2019  •  7 Aug 2020  •  Kenya

Daniel Kiio Musinga



1. The applicant’s application seeks leave to file and serve a notice of appeal out of time, in respect of the judgment of Abuodha, J. delivered on 30th November 2018 in Employment and Labour Relations Court (ELRC) Case Number 1348 of 2014.

2. In his affidavit in support of the application, the applicant stated that the judgment in the aforesaid case was scheduled to be delivered on 27th November 2018; on that day the trial court did not sit and parties were informed that the judgment would be delivered on notice; but unknown to the applicant, the judgment was delivered on 30th November, 2018 without any notice to him.

3. The applicant further deposed that on 4th March 2019 the respondent personally telephoned him and demanded payment of the judgment sum, Kshs.60,000.

4. On 5th March 2019 the applicant’s advocate, having been notified by the applicant that the judgment had long been delivered, applied for certified copies of the proceedings and judgment, which were supplied on 19th…

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