Everlyn Matesi Lusasi v Metal Crowns Limited [2017] KEELRC 777 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT

AT NAIROBI

CAUSE NO. 1822 OF 2013

EVERLYN MATESI LUSASI...............................................CLAIMANT

VERSUS

METAL CROWNS LIMITED........................................RESPONDENT

Mrs Guserwa for claimant

Mrs Bukatch for respondent

RULING

1. The notice of motion dated 2nd February 2017 seeks inter alia;

i. Stay of execution of the Judgment and/or decree of the court delivered on 20th December 2016 in favour of the claimant in the sum of Kshs. 153,900.

ii. The court do extend the time within which to file the notice of appeal.

2. The application is supported by the grounds set out on the face of the application as follows;

3. That the previous advocates on record neglected to file notice of appeal timeously.  That the intended appeal has high chances of success.

4. That the application has been brought without inordinate delay.

5. That the applicant is ready and willing to deposit the decretal sum of Kshs. 153,900 in court as security.

6. That no prejudice would be suffered by the claimant and it is in the interest of justice that the applicant be allowed to file an appeal.

7. The application is opposed by the replying affidavit of the claimant sworn on 2nd February 2017

8. The claimant deposes that the application lacks merit since there is neither a notice of appeal filed nor a memorandum of appeal itself since the Judgment was delivered.

9. That no good cause has been shown as to why the appeal was not noted.

Determination

10. This application was filed on 3rd February 2017 less than two months from the date the Judgment was delivered.

11. The court is not averse to extend time within which the applicant may file a notice of appeal following the decision of Rika J. in ELRC Cause No. 805 of 2012, Leland I. Salono Vs. inter-continental hotel [2014] eKLRin which the Judge invoked inherent powers of the court to grant any other relief as provided under section 12(3) (viii) of the Employment and Labour Relations Court Act, Cap. 234 B as follows;

“(3) In exercise of its jurisdiction under the Act, the court shall have power to make any of the following orders;-

(iii) any other appropriate relief as the court may deem fit to grant,”

12. The court has no basis however to grant stay of execution of the Judgment/decree of the judgment of the court there being no notice of appeal filed yet.

13. In the final analysis, leave is granted to the applicant to file a notice of appeal within 14 days from todate.

Dated, signed and delivered at Nairobi this 25th day of August, 2017

MATHEWS NDERI NDUMA

PRINCIPAL JUDGE