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Kenya Plantation and Agr. Workers Union v. Kilifi Plantation Ltd

(2014) JELR 99993 (CA)

Court of Appeal  •  Civil Application Nai 187 of 2013 (133/2013)  •  14 Mar 2014  •  Kenya

Coram
William Ouko

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: OUKO, JA)

CIVIL APPLICATION NAI 187 OF 2013 (133/2013)

BETWEEN

KENYA PLANTATION AND AGR. WORKERS UNION ... APPLICANT

AND

KILIFI PLANTATION LTD. ................................... RESPONDENT

(An application for enlargement of time within which to file and serve the Notice of Appeal and the Record of Appeal against the Ruling and/or orders of the Industrial Court (Radido, J) dated 26th October 2012

in

INDUSTRIAL CASE NO. 125 (N) OF 2009)

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

RULING

It is now well established that the decision whether or not to extend time within which to file and serve the notice of appeal is essentially discretionary.To enable the Court exercise its discretion in favour of an applicant for enlargement of time, the applicant must adequately explain the cause of the delay, whether short or long and give cogent reasons why notice of appeal or the appeal was not filed within the time prescribed by the law.

Secondly, an indulgence will be extended to an applicant se…

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