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Unga Group Limited v. Jonathan M. Waiganjo

(2021) JELR 95257 (CA)

Court of Appeal  •  Civil Application 89 of 2018  •  29 Jan 2021  •  Kenya

Coram
Wanjiru Karanja, Daniel Kiio Musinga, William Ouko

Judgement

RULING OF THE COURT

On 12th day of July, 2018, M. Mbaru, J. of the Employment and Labour Relations Court, finding no merit, dismissed the respondent’s claim against the applicant for wrongful termination of employment. The respondent was dissatisfied and evinced an intention to challenge on appeal that decision by lodging a notice of appeal on 2nd August, 2018 and serving it on the applicant on 30th August, 2018. To this day, the appeal has not been filed.

In the circumstances, and pursuant to, among other enabling provisions of the Court’s Rules, Rules 84, the applicant now seeks, in this application, that the notice of appeal be struck out with costs.

According to Rule 84, any person affected by an appeal may;

“ ..at any time, either before or after the institution of the appeal, apply to the Court to strike out the notice or the appeal, as the case may be, on the ground that no appeal lies or that some essential step in the proceedings has not been taken or has not been taken within th…

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