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Joseph Otieno Ogutu & 24 others v. Ita Marine Services Limited & Allied Wharfage Limited

(2019) JELR 100587 (CA)

Court of Appeal  •  Civil Miscellaneous Application 99 of 2018  •  4 Apr 2019  •  Kenya

Coram
Martha Karambu Koome

Judgement

IN THE COURT OF APPEAL

AT MALINDI

(CORAM: KOOME, J.A. (IN CHAMBERS)

CIVIL (MISC) APPLICATION NO. 99 OF 2018

BETWEEN

JOSEPH OTIENO OGUTU and 24 OTHERS ........................1ST – 25TH APPLICANTS

AND

ITA MARINE SERVICES LIMITED .............................................1ST RESPONDENT

ALLIED WHARFAGE LIMITED...................................................2ND RESPONDENT

(In the matter of an application for leave to file and serve notice and record of appeal out of time from the Judgment and Order of the Employment and Labour Relations Court at Mombasa (Makau, J.,) dated 18th November, 2016, in

Cause No. 396 of 2013. )

*****************

RULING

[1] By an application dated 31st July, 2018, Joseph Otieno Ogutu and 24 others (applicants) seek extension of time to file a Notice as well as Record of Appeal out of time. This application is predicated on the grounds stated on the body of the application and the matters deposed to in the applicants’ supporting affidavit sworn on the 29th day of July, 20…

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