Case ID:162786

Registered Trustees of Presbyterian

University of East Africa v Paul Mungai Mbugua [2020] eKLR

Case Metadata

Case Number:

Civil Application 372 of 2019

Parties:

Registered Trustees of Presbyterian University of East Africa v Paul Mungai Mbugua

Date Delivered:

07 Aug 2020

Case Class:

Civil

Court:

Court of Appeal at Nairobi

Case Action:

Ruling

Judge(s):

Hannah Magondi Okwengu

Citation:

Registered Trustees of Presbyterian

University of East Africa v Paul Mungai Mbugua [2020] eKLR

Case History:

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 19th September 2019 in Cause No. 1527 of 2015

Court Division:

Civil

County:

Nairobi

History Docket No:

Cause No. 1527 of 2015

History Judges:

Hellen Seruya Wasilwa

History County:

Nairobi

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

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 19

th

September 2019

in

Cause No. 1527 of 2015)

RULING

[

1

] On 19

th

September 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. They

therefore filed an application dated 28

th

November 2019 for extension of time to enable them file the notice of appeal. That application was listed before me on 2

nd

July 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 7

th

August 2020. On 12

th

July a consent letter dated 6

th

July 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 28

th

November 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 2

nd

March 2020. It is so ordered.

Dated and delivered at Nairobi this 7

th

day of August, 2020

.

HANNAH OKWENGU

JUDGE OF APPEAL

I certify that this is a true

copy of the original.

Signed

DEPUTY REGISTRAR