Automated Summary
Key Facts
Masai Rolling Mills Limited (Appellant) sought to extend time for filing appeals against judgments in Kajiado CMEL cases E055, E076, and E009 of 2021. The Appellant's advocate mistakenly filed the appeals in Kajiado High Court instead of the Employment and Labour Relations Court, leading to dismissal due to lack of jurisdiction. The court dismissed the application to file appeals out of time as unmerited, noting the substantive appeal (ELRCA E155 of 2022) would resolve the issues, rendering the application superfluous.
Issues
- Whether the court should grant leave to file appeals out of time due to an advocate's inadvertent mistake and consolidate them with an ongoing appeal (ELRCA E155 of 2022), considering the delay of over 13 months and the lack of jurisdiction in the previously dismissed appeals.
- Whether the Employment and Labour Relations Court has jurisdiction to entertain appeals previously dismissed by the High Court at Kajiado for lack of jurisdiction, and if such dismissed appeals can be considered res judicata.
Holdings
The court dismissed the application to file appeals out of time, finding that the previous dismissal by the High Court did not render the appeals res judicata due to lack of jurisdiction. The court determined that the substantive appeal ELRCA E155 of 2022 would conclusively address the issues, making the application unnecessary.
Remedies
- The court dismissed the application with no orders as to costs.
- The court ordered that the judgment of ELRCA No. E155 of 2022 shall apply across the intended appeals.
- The court dismissed the application for leave to file appeals out of time, finding it unmerited. No costs were ordered, and the judgment of ELRCA No. E155 of 2022 applies across the intended appeals.
Legal Principles
- The court considered whether the previous dismissal of appeals by the High Court at Kajiado could be deemed res judicata. It concluded that the High Court lacked jurisdiction to entertain the appeals, so they could not be considered res judicata in this court.
- The court addressed the jurisdiction of the High Court at Kajiado to hear the appeals, determining it was ultra vires as the appeals were filed in the wrong court. This falls under judicial review of procedural correctness.
Cited Statute
- Employment and Labour Relations Court Act
- Constitution of Kenya
- Civil Procedure Act
Judge Name
Abuodha Nelson Jorum
Passage Text
- 18. In effect and in serving justice, any determination in the substantive appeal will affect the alleged appeals to be filed hence the Application is superfluous and ought to be dismissed. The issues in the appeals to be filed out of time will be conclusively determined by the judgment in the Appeal ELRCA E155 of 2022.
- 19. The Court finds that the Application is unmerited and is hereby dismissed with no orders as to costs while ordering that the judgment of ELRCA No. E155 of 2022 to apply across the intended appeals.