Kenya Commercial Bank v Charles Otiso Otundo [2002] KECA 190 (KLR)
- Court
- Court of Appeal
- Case number
- 190
- Citation
- [2002] KECA 190 (KLR)
- Decided
- 20 June 2002
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the High Court's decreeCoramR. S. C. OMOLO, A.B. SHAH, M. Ole KEIWUA
Holding
The application to have the appeal struck out is misconceived and dismissed with costs.
Facts
The appellant, Kenya Commercial Bank, appealed against a decree from the High Court of Kenya at Kisii. The respondent, Charles Otiso Otundo, had filed an application to have the appeal struck out on various grounds.
Issues
- The appeal was filed out of time without leave
- Essential step has not been taken in the proceedings
- The certificate of delay is defective
- The letter bespeaking copies of proceedings and ruling appealed against is not in the record of appeal
Reasoning
The court found that the appellant's advocates received the requisite copies of proceedings and ruling on 12th April, 2000, and the appeal was filed in time. The certificate of delay was correctly set out, and the letter bespeaking copies of proceedings and ruling was not required to be included in the record of appeal.
Outcome
Appeal dismissed
Orders
- Application to have the appeal struck out is misconceived and dismissed with costs
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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