Daima Bank Ltd & Whitestone Auctioneers v K.H. Osmond [2001] KECA 247 (KLR)
- Court
- Court of Appeal
- Case number
- 247
- Citation
- [2001] KECA 247 (KLR)
- Decided
- 16 March 2001
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to strike out a notice of appealCoramJUDGE OF APPEAL GICHERU, JUDGE OF APPEAL SHAH, JUDGE OF APPEAL OWUOR
Holding
The notice of appeal is ordered struck out as it was not lodged within the time limit and the respondent did not take essential steps to institute the appeal.
Facts
The respondent K.H. Osmond was dissatisfied with the decision of Commissioner Gacheche and sought to appeal, but did not take essential steps to institute the appeal, nor did he lodge the appeal within the time limit.
Issues
- Whether the respondent has taken essential steps to institute the appeal
- Whether the time for lodging the appeal has expired
- Whether the respondent has certified copies of the proceedings and judgment available
Reasoning
The respondent did not take essential steps to institute the appeal and the time for lodging the appeal has expired. The respondent did not have certified copies of the proceedings and judgment available.
Outcome
The notice of appeal is struck out.
Orders
- The notice of appeal is struck out
Authorities cited
Cases cited (4)
- Rule 85(1)(h) of the Rules of the Court
- Rule 85(5) of the Rules of the Court
- Mawji vs. Lalji & 2 others (Civil Application No. Nai. 236 of 1992) (unreported)
- L.Z. Engineering Construction Limited vs. Trade Bank Limited (in Liquidation) (Civil Application No. Nai. 196 of 2000) (unreported)
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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