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JAMES GITAHI MWANGI V. SIMBA COLT MOTORS LIMITED

(2015) JELR 97072 (CA)

Court of Appeal  •  Civil Appeal Application 120 of 2012  •  22 May 2015  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Fatuma sichale

Judgement

RULING OF THE COURT

[1] By a Notice of Motion dated 24th October, 2014, the applicant, James Gitahi Mwangi, who is the respondent, in Civil Appeal No. 120 of 2012, has moved this Court under Section 3A and 3B of the Appellant Jurisdiction Act, and Rule 29 (2) of the Court of Appeal Rules, seeking orders as follows:

(i) Spent.

(ii) That the court be pleased to issue an order allowing the respondent/applicant to present further information and/or evidence to show how the commission ordered (sic) vide the award/decree made by the Industrial Court on the 1st February, 2011, ought to be calculated.

(iii) That the Amended Supplementary Record of Appeal filed herein on the 31st July, 2014, be deemed to be duly filed and served.

(iv) That this honourable court be pleased to consider the said further information/evidence as presented in the Amended Supplementary Record of Appeal filed herein on the 31st July, 2014, and make a determination thereon.

(v) That costs of this application be provided for.

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