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Kenneth Kaunda Ogolla t/a Kellys Bar & Restaurant v. Kenya Hotel & Allied Worker's Union

(2018) JELR 98029 (CA)

Court of Appeal  •  Civil Application 18 of 2017 (UR 9/2017)  •  22 Feb 2018  •  Kenya

Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed



[1] By an application dated 20th February, 2017 and filed on the same day, the applicant seeks an order that the application dated 29th September, 2016 be reinstated to hearing.

The application which is brought under Rule 56 (3) of the Court of Appeal Rules is supported by the affidavit of Lore G. Omondi, the applicant’s counsel. It is opposed by the respondent on the grounds contained in the replying affidavit of Wycliffe Sava Mundu, the Secretary General of the respondent.

[2] The applicant has not filed the relevant material before the Court. However, it is apparent from the application that on 18th June, 2016, the Employment and Labour Relations Court entered judgment against the applicant for payment of certain sums of money to its former employee who was represented by the respondent. This was in the Employment Cause No. 262 of 2013. The respondent indicates that the decretal sum is currently Shs. 144, 565/=. The applicant was dissatisfied with the decision and …

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