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

(2013) JELR 95470 (CA)

Court of Appeal  •  Civil Application Nai 147 of 2013 (UR 100/2013)  •  4 Oct 2013  •  Kenya

Coram
Kathurima M'inoti

Judgement

RULING

By a Motion on Notice dated 3rd July, 2013, the applicant PETER ONDITI OGUGU applied under Rule 115 of the rules of this Court for relief from deposit of security for costs in an intended appeal from the ruling and order of the Industrial Court (Rika, J) dated 26th June, 2013. The grounds upon which the application was based, as disclosed in the motion and in the applicant’s supporting affidavit sworn on 3rd July, 2013, were that the applicant is unemployed and lacks the means to pay security for costs to enable him lodge his intended appeal. The applicant further deponed in his supporting affidavit that he was financially handicapped to the extent that Equity Bank had adversely listed him with credit reference bureaus. He contended that his intended appeal was well founded in law and facts and it had very good chances of success.

The background to the intended appeal, as far as I can deduce from the dearth of documents presented, is that the applicant was employed by the respond…

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