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PETER ONDITI OGUGU V. ALLPACK INDUSTRIES LIMITED & INDUSTRIAL PROMOTION SERVICES (K) LTD

(2014) JELR 96385 (CA)

Court of Appeal  •  Civil Application No. Nai 147 of 2013 (UR 100/2013)  •  14 Mar 2014  •  Kenya

Coram
Wanjiru Karanja George Benedict Maina Kariuki Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

1. This Ruling relates to a reference to the full Court of the decision of a single judge of the Court (K. M’Inoti JA) given on 4th October 2013 rejecting an application by PETER ONDITI OGUGU the applicant dated 3rd July 2013 by which the applicant sought relief under rule 115 of the rules of the Court from depositing of security for costs in an intended appeal from the ruling and order of the Industrial Court (Rika J) given on 26th March 2013.

Background

2. The applicant was an employee of the 1st respondent until August 2010 when he was summarily dismissed. He challenged his dismissal in the Industrial Court where he sought relief including a claim for loss of pension and exemplary damages. His claim was heard ex parte and dismissed on 2nd August 2012.

3. By an application dated 19th November 2012 he applied to the Industrial Court to review its decision dismissing his claim. That application was allowed vide a ruling of the Industrial Court dated 26th March 2013 on …

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