L Z Engineering Construction Limited v Trade Bank Limited (In Liquidation) [2000] KECA 182 (KLR)
- Court
- Court of Appeal
- Case number
- 182
- Citation
- [2000] KECA 182 (KLR)
- Decided
- 17 October 2000
The notice of appeal is struck out as the respondent did not have the necessary certified copies of the proceedings and ruling to lodge the appeal and the time to lodge the record of appeal has already expired.
Facts
The respondent, Trade Bank Limited (in Liquidation), filed a suit against the applicant, L.Z. Engineering Construction Limited, which was struck out by the High Court. The respondent then filed a notice of appeal, but the applicant argued that the respondent did not have the necessary certified copies of the proceedings and ruling to lodge the appeal.
Issues
- Whether the respondent was entitled to certified copies of the proceedings and ruling to lodge the appeal
- Whether the respondent had sufficient time to lodge the appeal
Reasoning
The court ruled that the respondent was not entitled to certified copies of the proceedings and ruling to lodge the appeal, and that the time to lodge the record of appeal has already expired.
Outcome
The notice of appeal is struck out.
Orders
- The notice of appeal is struck out.
- The applicant will have costs of this application.
Authorities cited
Cases cited (6)
- Rule 81(1) of the Rules of this Court
- Rule 85(1) of the Rules of this Court
- Republic vs. The Minister of Transport & Communications & 2 others, Exparte - Kenya Consumers Organization & another (Civil Appeal No. 276 of 1996)
- Mau West Limited v. Kenya Co-operative Creameries Limited Civil Application No. Nai. 232 of 1998
- Kamau & another v. Caroline Njeru Muichigi (Civil Application No. Nai. 126 of 1999)
- Equatorial Commercial Bank Limited & another vs. Ibis Aviation Limited (Civil Application NO. Nai. 99 of 2000)
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