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LORCAN BYRNE
V.
FRONTIER SERVICES GROUP EAST AFRICA LIMITED

(2019) JELR 99570 (CA)

Court of Appeal 22 Nov 2019 Kenya
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Case Details

Suit Number:Civil Application 90 of 2019
Judges:William Ouko JA
Location:Nairobi
Other Citations:Lorcan Byrne v. Frontier Services Group East Africa Limited [2019] eKLR

RULING

This application by motion on notice dated 22nd March, 2019 is brought under Rule 4 of this Court’s Rules, seeking an order that the time for filing a notice of appeal against the ruling of the Employment and Labour Relations Court (ELRC) made on 18th February, 2019 be enlarged.

In support of this application, Mr. Kalii, learned counsel for the applicant explained that the delay was occasioned by the need for clarification of the last two paragraphs of the said ruling; that these paragraphs seemed to dismiss the application for reference to arbitration on one hand and on the other, refer the matter to arbitration which, in his opinion, was contradictory; that this left the applicant in limbo on whether the ruling was in his favour or if he ought to appeal; that the case was finally placed for mention on 14th March, 2018 where the learned Judge clarified that she had only dismissed the prayer to strike out the suit; and that she allowed the prayer for reference to arbitration. The…

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