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Erastus Onyango Nyamori v. County Government of Migori & Migori County Governor (Zakary Okoth Obado)

(2015) JELR 105380 (CA)

Court of Appeal  •  Civil Application 17 of 2015 (Ur 13/2015)  •  25 Sep 2015  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

1. By an application dated 27th April, 2015, the applicant sought one substantive order:

ā€œ2. That the Honourable Court be pleased to evacuate/strike out the Notice of Appeal dated 17th December, 2014 and to lift the subsequent orders of this Honourable Court dated 23rd April, 2015 Staying Execution of the Orders of the Industrial Court (Employment and Industrial Relations Court) dated 3rd December, 2014 and an Order Staying further proceedings in Industrial Cause No. 308 of 2014.ā€

2. The application was brought under rules 82 (1), 83 and 84 of the Court of Appeal Rules and Article 159 (2) (b) of the Constitution of Kenya, 2010. It was supported by an affidavit sworn by the applicant. The gravamen of the application is that the respondents had failed to file the record of appeal within a period of sixty (60) days from 17th December, 2014 when they lodged the notice of appeal.

3. Mr. Ogwe, learned counsel for the applicant, submitted that the delay in filing the appeal iā€¦

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