Registered Trustees of Presbyterian University of East Africa v Paul Mungai Mbugua [2020] KECA 377 (KLR)

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM:OKWENGU, JA (IN CHAMBERS)

CIVIL APPLICATION NO. 372 OF 2019

BETWEEN

THE REGISTERED TRUSTEES OF PRESBYTERIAN

UNIVERSITY OF EAST AFRICA................................APPLICANT

AND

PAUL MUNGAI MBUGUA......................................RESPONDENT

(Being an Application for extension of time to file a Notice of Appeal out of time from the Judgment and Decree of the Employment and Labour Relations Court at Nairobi (Wasilwa, J) dated 19thSeptember 2019 inCause No. 1527 of 2015)

RULING

[1] On 19thSeptember 2019, the applicant filed an application for contempt proceedings seeking to cite the respondent, his advocate and auctioneers for contempt of court orders. Hellen Wasilwa, J proceeded to find that the respondent as the decree holder and the auctioneers were in contempt of the court orders and proceeded to cite them for contempt. The Judge however failed to cite the counsel for the respondent for contempt.

[2] The applicants who were aggrieved that the Judge failed to find counsel for the respondent to be in contempt, intended to challenge the judgment but was late in filing their notice of appeal. Theytherefore filed an application dated 28thNovember 2019 for extension of time to enable them file the notice of appeal. That application was listed before me on 2ndJuly 2020 for hearing by way of written submissions as a single Judge. However, despite hearing notices having been served on the parties, no response had been filed by the respondent, nor did any of the parties file written submissions as directed by the Court.

[3] I reserved the matter for ruling on 7thAugust 2020. On 12thJuly a consent letter dated 6thJuly 2020 signed by each party’s advocate was brought to my attention by the Deputy Registrar of the Court. The letter confirms that the parties have agreed to have both the intended appeal and the application for extension of time marked as settled. In the circumstances, it being apparent that the applicant no longer wishes to pursue the notice of motion dated 28thNovember 2019, I adopt the consent and mark the applicant’s said notice of motion as withdrawn under Rule 52 of the Court Rules, subject to the respondent paying costs of Kshs 5,000 awarded on 2ndMarch 2020. It is so ordered.

Dated and delivered at Nairobi this 7thday of August, 2020.

HANNAH OKWENGU

JUDGE OF APPEAL

I certify that this is a truecopy of the original.

Signed

DEPUTY REGISTRAR