Ochieng v Ranmal Merag Ltd [1984] KECA 70 (KLR)
- Court
- Court of Appeal
- Case number
- 70
- Citation
- [1984] KECA 70 (KLR)
- Decided
- 10 December 1984
The application for leave to file the appeal out of time is granted.
Facts
The applicant filed an action for the amount of a dishonored cheque for Kshs 99,192, which resulted in a decree ordering the applicant to pay the sum to the respondent company, plus interest and costs. The action was undefended and the judgment was given in default of appearance. The court dismissed an application to set aside the proposed sale of the applicant's property at Bukhayo/Mundika/1525, which had been sold pursuant to a court order of July 15, 1983. The intended appeal was struck out on June 22, 1984, on technical grounds.
Issues
- Whether the application for leave to file the appeal out of time should be granted.
- Whether the striking out of the appeal does not amount to a dismissal.
Reasoning
The court ruled that the application for leave to file the appeal out of time should be granted, as the striking out of the appeal does not amount to a dismissal.
Outcome
Granted
Orders
- Leave to file the appeal out of time granted.
Authorities cited
Cases cited (2)
- Belinda Murai & Others v Amos Wainaina Civil Application NAI 9 of 1978
- Ngoni-Matengo Co-operative Marketing Union Limited v Alimohamed Osman [1959] EA 577
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