Jubilee Insurance Company Limited v Nangira (Employment and Labour Relations Appeal E008 of 2022) [2023] KEELRC 138 (KLR)
The bottom line
#Jubilee Insurance lost its bid to appeal a ruling out of time because it never showed the appeal had any real chance of success.
What this practically means
#Executive summary
#Key legal issues
#Whether leave to appeal out of time should be granted
Leave refused; the delay of less than two months was not inordinate and the counsel's sickness a genuine reason, but the Applicant failed to demonstrate prospects of success
The court applied the cumulative factors in Leo Sila Mutiso. Though the delay and reasons were acceptable, the Applicant neither filed a defence nor availed the contract alleged to contain an arbitration clause, leaving the court unable to assess the likelihood of the intended appeal succeeding.
Whether proceedings in the lower court should be stayed pending the intended appeal
Stay refused as it is consequential on the refused extension of time and would prejudice the Respondent
Since leave to appeal out of time was denied, there is no viable intended appeal to protect. The court also held the Respondent's claim should proceed to hearing and determination on merits without hindrance.
Whether the supporting affidavit was invalid for want of the deponent's authority
Objection rejected; the matter is a miscellaneous application, not a cause invoking Order 4 Rule 1, and the objection is best raised in the lower court
Counsel submitted at length on authority of the deponent, Patience Mirara. The court held that Order 4 Rule 1 of the Civil Procedure Rules was not invoked because the matter is properly a miscellaneous application, not an appeal or proper cause.
Legal principles established
#- Factors for extension of time include length of delay, reasons for delay, chances of appeal succeeding, prejudice to the respondent, and public interest
- A party seeking extension of time must place before the court material enabling assessment of the prospects of success of the intended appeal
Court orders
#- 1.The application by the Applicant dated 4th May, 2022 be and is hereby dismissed with costs to the Respondent.
- Jurisdiction invoked
- Inherent discretion of the Employment and Labour Relations Court to extend time and stay proceedings; Civil Procedure Act (Section 79G) and Civil Procedure Rules referenced
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jubilee Insurance Company Limited v Nangira (Employment and Labour Relations Appeal E008 of 2022) [2023] KEELRC 138 (KLR)", Case Analysis (2023). Nakuru CM ELRC Cause No. 40 of 2020 (Miscellaneous Civil Application, Notice of Motion dated 4th May 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/138/eng@2023-01-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.