NICHAT UMESH
V.
MEDIHEAL HOSPITAL CENTRE LTD. T/A MEDIHEAL HOSPITAL & FERTILITY CENTRE & ANOR.

(2021) JELR 113802 (CA)

Court of Appeal 3 Dec 2021 Kenya
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Case Details

Suit Number:CIVIL APPLICATION NO. E118 OF 2021
Judges:PATRICK KIAGE, JA KATHURIMA M'INOTI, JA MUMBI NGUGI, JA
Location:Eldoret

RULING

  1. By a Notice of Motion dated 1st August, 2021, Nichat Umesh, the applicant seeks for; an interim stay of execution of the orders issued by the Employment and Labour Relations Court; leave to file a notice of appeal out of time against that ruling; the notice of appeal (lodged at the Employment and Labour Relations Court at Eldoret on 29th July, 2021 be deemed duly filed and proper on record; and costs of the application to be provided for.

  2. The application as brought is however problematic. On the face of it, the application seeks seven (7) orders from the Court, orders which upon reading reveal their repetitive nature in substance, evincing the applicant’s inattention to detail. For instance, both prayer 3 and 5 are seeking leave to file a notice of appeal out of time. Similarly, prayer 4 and 6 both seek that the notice of appeal lodged at the Employment and Land Relations Court be deemed to be duly filed and properly on record.

  3. Further, the application ostensibly prays for an orde…

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