Thigah v Borderless Tracking Limited
The bottom line
#Kenya's Court of Appeal let a worker move to kill a dormant appeal because the employer sat on it for over three years.
What this practically means
#Executive summary
#Key legal issues
#Exercise of discretion under rule 4 to grant leave to file an application to strike out a notice of appeal
Leave granted where the respondent took no steps for over three years to prosecute the intended appeal despite typed proceedings being ready.
The court found the respondent had taken no steps for over three years since filing the notice of appeal, while the ELRC proceedings had long been ready. The applicant's three-month delay after dismissal of an earlier application was not comparable to the respondent's inordinate delay, which the court held was the relevant consideration. Closure of the matter favoured granting leave.
Legal principles established
#- The relevant consideration on an application for leave to strike out a stale notice of appeal is the inordinate delay by the appellant in prosecuting the intended appeal, not the applicant's shorter delay in bringing the application.
Court orders
#- 1.Application allowed in terms of prayer 1 of the application dated July 12, 2022
- 2.Applicant at liberty to file and serve an application for striking out the notice of appeal within 21 days from the date of delivery of the ruling
- 3.No orders as to costs
- On appeal from
- Employment & Labour Relations Court at Mombasa
- ELC Cause No. 693 of 2016
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules 2022 (discretionary leave)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Thigah v Borderless Tracking Limited", Case Analysis (2022). Civil Application E046 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/1388/eng@2022-12-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.