A.H. LALJI vs B.H. LALJI [1997] KECA 189 (KLR)
- Court
- Court of Appeal
- Case number
- 189
- Citation
- [1997] KECA 189 (KLR)
- Decided
- 3 October 1997
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication to strike out Notice of AppealCoramR.O. KWACH, A.A. LAKHA, S.E.O. BOSIRE, AG. JUDGE OF APPEAL
Holding
The application to strike out the Notice of Appeal is allowed, and the Notice of Appeal dated 4th October, 1996 is hereby struck out with costs to the applicant.
Facts
The respondent failed to file an appeal within the prescribed time after the superior court delivered its ruling on September 25, 1996. The respondent's advocate claimed the file in the superior court went missing.
Issues
- Whether the respondent's failure to file an appeal within the prescribed time justifies striking out the Notice of Appeal.
- Whether the respondent's claim of missing file is credible.
Reasoning
The respondent failed to file an appeal within the prescribed time, and the respondent's claim of missing file was not credible.
Outcome
The Notice of Appeal is struck out.
Orders
- The Notice of Appeal dated 4th October, 1996 is struck out.
- Costs of the application are awarded to the applicant.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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