Attorney General & another v Phylis Wangari Maina & another [2001] KECA 53 (KLR)
- Court
- Court of Appeal
- Case number
- 53
- Citation
- [2001] KECA 53 (KLR)
- Decided
- 21 December 2001
The motion to strike out the notice and record of appeal is dismissed. The application for extension of time to file an application to dispense with service of notice of appeal on the 2nd and 4th Defendants is granted.
Facts
The respondents obtained judgment against the Attorney General and William Change Wambugu in the total sum of KShs.1,628,360/= in High Court Civil Case No. 1301 of 1994. The applicants appealed but the notice of appeal was lodged out of time and the record of appeal was filed late.
Issues
- Defectiveness of the notice of appeal
- Failure to serve the notice of appeal on all interested parties
- Failure to file the record of appeal within the prescribed time
Reasoning
The applicants did not serve the other two defendants in the superior court, and the respondents' conduct throughout the case was consistent with their failure to attend court.
Outcome
The motion filed by the applicants is dismissed with costs to the respondents.
Orders
- Extension of time to file an application to dispense with service of notice of appeal on the 2nd and 4th Defendants
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