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Njoroge Nganga and Another v Thomas Olando Ogola [1998] KECA 105 (KLR)

[1998] KECA 105 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
105
Citation
[1998] KECA 105 (KLR)
Decided
26 November 1998
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication to strike out Notice of AppealCoramJ. E. Gicheru, R. O. Kwach, E. Owuor
Holding

The application to strike out the Notice of Appeal is dismissed with costs to the appellants.

Facts

The appellants wished to appeal a decision given by Wambilyangah J on 13.5.96, but the Notice of Appeal was lodged on 17.5.96, which was within 14 days as per the Court of Appeal Rules.

Issues

  1. Whether the Notice of Appeal was lodged out of time
  2. Whether the Notice of Appeal was lodged without leave of the Court

Reasoning

The court found that the Notice of Appeal was lodged within the required 14 days and that the appellants did not need leave to lodge the Notice of Appeal.

Outcome

Application dismissed

Orders

  • Order to strike out the Notice of Appeal is dismissed
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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