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KENYA CHEMICAL & ALLIED WORKERS V. ERNEST & YOUNG LIQUIDATORS FOR COTES BROTHERS E.A LTD

(2018) JELR 100105 (CA)

Court of Appeal  •  Civil Application 62 of 2017  •  20 Dec 2018  •  Kenya

Coram
Stephen Gatembu Kairu JA

Judgement

RULING

1. The applicant, Kenya Chemical and Allied Workers, instituted suit before the Employment and Labour Relations Court on behalf of former employees of Coates Brothers (East Africa) Limited, in liquidation (the Company), regarding payment of final dues. That suit was consolidated with the respondent’s suit against the applicant over the same subject matter. The consolidated suit culminated in the judgment of the lower court delivered on 16th March 2015 in which the court declined to order payment of redundancy dues to the applicant’s employees. Aggrieved by that decision, the applicant lodged a notice of appeal but did not file its memorandum and record of appeal within the time prescribed.

2. In its application before me dated 28th March 2017 and presented to the Court on 29th March 2017 the applicant seeks two main reliefs under Rule 4 of the Court of Appeal Rules, 2010.The first is an order for extension of time within which to file and serve its record of appeal. The second is…

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