Case ID:181744
Parties: None
Date Delivered: None
Case Type: None
Court: None
Judges: None
Citation: None
Ruiru Feeds Limited v Samuel Njuguna Mbugua [2021] eKLR
Case Metadata
Case Number:
Appeal 14 of 2020 (Formerly HC Civil Appeal 154 of 2019)
Parties:
Ruiru Feeds Limited v Samuel Njuguna Mbugua
Date Delivered:
20 Sep 2021
Case Class:
Civil
Court:
Employment and Labour Relations Court at Nairobi
Case Action:
Ruling
Judge(s):
Nzioki wa Makau
Citation:
Ruiru Feeds Limited v Samuel Njuguna Mbugua [2021] eKLR
Court Division:
Employment and Labour Relations
County:
Nairobi
Case Outcome:
Appeal struck out with costs to the Respondent
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
REPUBLIC OF KENYA
IN THE EMPLOYMENT
&
LABOUR RELATIONS COURT OF KENYA
AT NAIROBI
APPEAL NO. 14 OF 2020
(FORMERLY HC CIVIL APPEAL NO. 154 OF 2019)
RUIRU FEEDS LIMITED.................................................................APPELLANT
VERSUS
SAMUEL NJUGUNA MBUGUA..................................................RESPONDENT
RULING
1. The notice of motion dated 14
th
April 2021 is due for determination. It seeks the dismissal of the instant appeal as there had been inordinate delay in filing the record of appeal which amounts to negligence as the Appellant has not taken any steps in prosecuting this appeal since 23
rd
October 2019 when the memorandum of appeal was filed.
2. The motion was supported by the affidavit of Samuel Njuguna Mbugua the Respondent herein. He deposed that the Appellant had been ordered to pay him terminal dues amounting to Kshs. 324,170.50 plus interest and that the Appellant preferred an appeal on 23
rd
October 2019 but has since then not filed the record of appeal. He asserts this amounts to negligence and a wastage of the court precious time. He deponed that the Appellant had the intention of continuing to deny him the fruits of his judgment.
3. The Appellant filed a replying affidavit sworn by Mr. Harish Patel who deponed that the averments by the Respondent were denied as the Appellant has been keen to prosecute the appeal and has already taken steps towards prosecuting the appeal. He deponed that the lower court had not supplied the physical copies of certified proceedings and judgment to enable the Appellant file the record of appeal. He deponed that the Appellant has been making efforts to have the same availed and cannot be blamed for the delay to have the proceedings ready.
4. The certified copy of typed proceedings and judgment are yet to be availed to the Appellant by the Chief Magistrate’s Court at Ruiru. The record is what has delayed the filing the record of appeal. There are 2 letters attached bespeaking the typed proceedings and copy of judgment. In computing time for the preparation and presentation of the record of appeal, there is provision for exclusion of the period of aforesaid delay in the preparation and supply of the proceedings by the registry. There must however be proof that an appellant is able to demonstrate that firstly, a request for proceedings was made in writing to the deputy registrar, and secondly, that a copy of such request was been served on the respondent. In the 2 letters displayed as proof, none is copied to the Respondent herein. In the premises, there would be no way to salvage the appeal preferred as there has been material departure from the law in presenting this appeal for determination rendering the appeal moot. Appeal is struck out with costs to the Respondent.
It is so ordered.
DATED AND DELIVERED AT NAIROBI THIS 20
TH
DAY OF SEPTEMBER, 2021
NZIOKI WA MAKAU
JUDGE