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MILLIE G.A. ODHIAMBO, JACQUILINE ANAM, JEFFEREY MAGANYA & ANDIA ADEKA (SUED IN THEIR CAPACITY AS THE TRUSTEES OF THE CRADLE - THE CHILDREN FOUNDATION V. TONNY MOSES ODERA

(2018) JELR 99068 (CA)

Court of Appeal  •  Civil Application 236 of 2018  •  20 Dec 2018  •  Kenya

Coram
Patrick Omwenga Kiage JA

Judgement

RULING

The motion before me dated 1st August 2018 and lodged at the Courts’ registry on 10th of the same month seeking extension of time for the filing of a notice of appeal was preceded by another, dated 16th May 2018 by the same applicant; Millie G.A. Odhiambo, Jacquiline Anam, Jeffrey Maganya, Wanjau Muriu and Andia Adeka all sued in the capacity as Trustees of the CRADLE, The Children’s Foundation. That earlier application, being No. Nai 145 of 2011 (Ur 121/2018), as framed, was omnibus in character as it sought also an order of stay of execution of the impugned judgment or award of the Employment and Labour Relations Court at Milimani (Rika, J.) dated 18th August 2016. When that application came before the Court (Waki, Nambuye and Murgor, JJ.A) on 26th July 2018, that anomaly was pointed out to Mr. Namachanja the applicant’s learned counsel who then withdraw the prayer for enlargement of time, as under our Rules such application is to be heard by a single Judge. The Court proceede…

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