RASHID JENEBY V. PRIME BANK LIMITED

RULING OF THE COURT

The background to the ruling is that the applicant herein filed Industrial Cause No. 1156 of 2012 in the Industrial Court of Kenya at Nairobi (now ELRC) vide a claim dated 4^th July, 2012 seeking various reliefs. The respondent filed a response thereto dated 19^th November, 2012. The merit disposal of the opposing interests in the said cause is what resulted in the award dated 15^th May, 2015.

The respondent was aggrieved by that decision and filed a Notice of Appeal dated 20^th May, 2015; pursuant to which the record of appeal dated 25^th August, 2017 was filed on the 28^th August, 2017. On 2^nd October, 2017, the applicant filed a Notice of Motion dated the 29^th September, 2017, under Rule 84 of the Court of Appeal Rules, 2010, seeking one substantive relief namely that:

“(i) The record of appeal dated 25^th August,2017 and filed on 28^th August, 2017 being Civil Appeal No. 304 of 2017 be and is hereby marked as struck out with costs to the respondent.”

The application is sup…