Kenya Alliance Insurance Company Limited v Universities Academic Staff Union (UASU) & 3 others [2025] KECA 1050 (KLR) | Extension Of Time | Esheria

Kenya Alliance Insurance Company Limited v Universities Academic Staff Union (UASU) & 3 others [2025] KECA 1050 (KLR)

Full Case Text

Kenya Alliance Insurance Company Limited v Universities Academic Staff Union (UASU) & 3 others (Civil Appeal (Application) E037 of 2021) [2025] KECA 1050 (KLR) (11 June 2025) (Ruling)

Neutral citation: [2025] KECA 1050 (KLR)

Republic of Kenya

In the Court of Appeal at Nairobi

Civil Appeal (Application) E037 of 2021

W Karanja, JA

June 11, 2025

Between

The Kenya Alliance Insurance Company Limited

Applicant

and

Universities Academic Staff Union (Uasu)

1st Respondent

Jubilee Insurance Company Limited

2nd Respondent

Registered Trustees of Multimedia University College of Pensions SchemePensions Scheme

3rd Respondent

Retirements Benefits Authority

4th Respondent

(Being an appeal from the Ruling and Order of the High Court of Kenya at Nairobi (Sergon, J.) dated 27th November 2020inHCCC No. E103 of 2020 Civil Suit E103 of 2020 )

Ruling

1. The notice of motion before me is expressed to be premised on Rule 57(4) of the Court of Appeal Rules, section 3A, 3 and 3B of the Appellate Jurisdiction Act and Article 164(3)(a). There is no Rule 57(4) in the Court of Appeal Rules.

2. The applicant seeks extension of time to file a refence against the decision of Mumbi Ngugi (J.A.) sitting as a single Judge. In the same application, the applicant’s prayers is for stay of proceedings.

3. I note that although Judge Mumbi’s order awarded costs to the 1st respondent, the affidavit sworn in support of the application by Linda Njenga, the Legal Manager of the applicant talks of the 3rd respondent as the party that was awarded costs. Rather than dismiss the application on its merit, I strike it out for being fatally defective, with no order as to costs, as the 1st respondent did not raise the said issues in the replying affidavit.

DATED AND DELIVERED AT NAIROBI THIS 11TH DAY OF JUNE 2025. W. KARANJA...........................................JUDGE OF APPEALI certify that this is a true copy of the original.SIGNEDDEPUTY REGISTRAR