JADES COLLECTIONS LIMITED V. KENYA UNION OF COMMERCIAL FOOD AND ALLIED WORKERS UNION LIMITED

JUDGMENT OF J. MOHAMMED JA

Background

1. The appeal herein turns on the sole issue of whether the learned Judge, (Abuodha, J.), erred in the exercise of his discretion in dismissing the application for review of a judgment dated 23rd November, 2015 filed by Jade Collections Limited (the appellant) which was entered against the appellant. It follows therefore that the appellant is calling upon this Court to interfere with the said discretion.

2. In the oft cited case of Mbogo and Another v. Shah [1968] EA 93, the predecessor of this Court stated as follows:

“An appellate court will not interfere with the exercise of discretion by a trial court unless the decision was exercised in a manner that is clearly wrong because the Judge misdirected himself or acted on matters which the court should not have acted upon or failed to take into consideration matters which it should have taken into consideration and in doing so arrived at a wrong conclusion.”

3. Before delving into the merit of this appe…