THE Court of Appeal has dismissed with costs another attempt by former employee of the National Bank of Commerce (NBC), Mr Charles Marwa Wambura, challenging the High Court's refusal to order his ex-employer to pay him over 200m/- terminal benefits.
Justice January Msoffe ruled against Mr Wambura on Thursday after being satisfied that no sufficient reasons were advanced to persuade him to enlarge time for filing an application for review given previously by a panel of the court on October 13, last year, concerning the subject matter.
"The law is now settled that an application for review ought to be filed within 60 days from the date of the decision sought to be reviews," he said. Mr Wambura had alleged that he had delayed to file his application as he had referred the matter to the Chief Justice (CJ) for consideration.
In his ruling, however,Justice Msoffe said it was not open for him to think that the letter he sent to the CJ was an application for review.
According to him, he ought to have known that by writing to the CJ he was in effect seeking an extra-judicial solution to his case.
The NBC, now Consolidated Holding Corporation had employed Mr Wamburaat its office in Musoma. He was suspended in 1990 and charged in a Primary Court on alleged criminal offence, which were not substantiated and was acquitted later on.
SOURCE: DAILY NEWS
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