We are pleased to share that our team successfully acted for the Respondent before the Court of Appeal in Abraham Leon Ngaira and Irene Dimmo & 125 others v Sendwave Limited in an application to seek leave to file a Memorandum and Record of Appeal out of time. The Court of Appeal dismissed the application with costs in favour of the Respondent.
The Claimants had filed a suit before the Employment and Labour Relations Court claiming unfair and unlawful termination. The Court dismissed several of their prayers including claims for house allowance for 7 months; 3 months’ pay in lieu of notice; severance pay; and bonuses
In an application before the Court of Appeal seeking to file an appeal out of time, the Applicants claimed that the delay in filing the Memorandum and Record of Appeal was occasioned by a disagreement among themselves on the issue of representation in the appeal.
The Court relied on the principles laid down by the Supreme Court for exercise of discretion as follows:
- The party seeking extension of time should explain the delay to the satisfaction of the court;
- Whether there will be prejudice suffered by the respondents if the extension is granted; and
- Whether the application is brought without undue delay.
The Court of Appeal dismissed the application with costs stating that the Applicants did not lay a proper basis for the Court to exercise its discretion in their favour.
This Ruling reinforces the judicial principle that litigants must demonstrate a justifiable ground for seeking leave to file an appeal out of time. Further, the ruling underscores the significance of ensuring that any delays in compliance with court rules are justifiable to the satisfaction of the court to obtain leave to pursue an appeal out of time.
To get the full breakdown of the case access it here
Please contact us at info@cfllegal.com should you require any further information.
