Chandaria Industries Limited v Masisa (Miscellaneous Civil Application E059 of 2021) [2022] KEELRC 71 (KLR)
The bottom line
#A Kenyan court refused to extend time to appeal because the applicant hid settlement talks and offered no security, so the Kshs 470,590 judgment stands.
What this practically means
#Executive summary
#Key legal issues
#Extension of time to file an appeal out of time
The applicant did not discharge the onus of establishing good and sufficient cause for the delay; the application was dismissed
The Court applied the Salat principles on extension of time. The appeal ought to have been filed within 30 days of the 4th December 2020 judgment. The applicant attributed the delay to oversight by the insurer's legal officer while concealing that it was engaged in correspondence settling costs. The insurer was not a party to the suit. The delay would greatly prejudice the respondent, and no security was offered.
Whether the magistrates' court lacked jurisdiction over the WIBA claim
The jurisdictional objection was tenuous; the court declined to determine it at that stage
The jurisdiction issue was not raised before the magistrate and both parties submitted to the court's jurisdiction. The court noted divergent interpretations of the Supreme Court's 2019 judgment on WIBA matters, making it difficult to determine whether suits were properly before the magistrates' courts depending on their filing dates.
Legal principles established
#- An appeal may be admitted out of time if the appellant satisfies the Court that he had good and sufficient cause for not filing the appeal
- Under Rule 8 of the ELRC (Procedure) Rules, 2016, where no period of appeal is specified, an appeal shall be filed within thirty days from the date the decision was delivered
Court orders
#- 1.The applications dated 12th February, 2021 and 26th November, 2021 are dismissed
- 2.Costs to the respondent
- On appeal from
- Chief Magistrate's Court, Commercial Courts at Milimani
- CMCC No. 1760 of 2016
- Jurisdiction invoked
- Employment and Labour Relations Court (Procedure) Rules, 2016, Rule 8; Section 76G of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Chandaria Industries Limited v Masisa (Miscellaneous Civil Application E059 of 2021) [2022] KEELRC 71 (KLR)", Case Analysis (2022). CMCC No. 1760 of 2016 (intended appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/71/eng@2022-06-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.