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Justus Aloo Ogeka & 6 others v. Kenya Union of Commercial Food And Allied Workers & 2 Others

(2018) JELR 100415 (CA)

Court of Appeal  •  Civil Application 241 of 2017  •  26 Jan 2018  •  Kenya

Coram
Roselyn Naliaka Nambuye, Daniel Kiio Musinga, Agnes Kalekye Murgor

Judgement

RULING OF THE COURT

By a Notice of Motion lodged on 23rd June 2017, the applicants have applied to strike out the respondent’s notice of Appeal dated 25th January 2016 under rules 4, 47, 83 and 84 of the Court of Appeal Rules 2010 or alternatively, that the notice of appeal be deemed as withdrawn.

The application is premised on the grounds that in the judgment delivered on 22nd January 2016, the Employment and Labour Relations Court ordered the immediate registration of the applicants’ proposed Kenya National Union of Cooperative Staff (the Union), subsequent to which the Registrar of Trade Unions entered the name of the Union in the register of Trade Unions and thereafter issued a certificate of registration to the applicants; that the respondent was aggrieved by the decision of the court and filed a notice of appeal on 25th January 2016; that following the respondent’s application for stay of execution of the lower court’s orders dated 26th January 2016, the court granted a stay of ex…

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