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Kenya Chemical & Allied Workers Union v. Ernst & Young Liquidators for Coates Brothers E.A Limited

(2020) JELR 100106 (CA)

Court of Appeal  •  Civil Application 62 of 2017  •  10 Jul 2020  •  Kenya

Coram
Hannah Magondi Okwengu, Jamila Mohammed, Patrick Omwenga Kiage

Judgement

RULING OF THE COURT

By a Notice of Motion dated 28th March 2017, the applicant moved the Court under rule 4 of the Court of Appeal Rules, Section 3 (2), 3A and 3B of the Appellate Jurisdiction Act seeking time extension to file, lodge and serve the Record of Appeal out of time. The application is premised on six grounds that are set out on the face of it.

The application was initially heard by a single Judge of this Court (Gatembu, J.) who dismissed the application with costs to the respondent. Hence, what is before this Court is a reference under rule 55 (1) (b) of this Court’s rules. The applicant has invited this Court to interfere with the exercise of discretion bestowed on a single Judge under rule 4 of its rules. This Court has on many occasions pronounced itself on the guiding principles to be adhered to warrant such interference. In DONALD O. RABALLA v. JUDICIAL SERVICE COMMISSION and ANOTHER [2018] eKLR; it stated;

“These in substance are that the single Judge took into account …

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