KASYI SURVITEX LIMITED vs KITALE MUNICIPAL COUNCIL,SAPAMO CONSULTANTS [2003] KECA 112 (KLR)
- Court
- Court of Appeal
- Case number
- 112
- Citation
- [2003] KECA 112 (KLR)
- Decided
- 23 January 2003
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeApplication to strike out notice of appealPostureApplication to strike out notice of appeal from a judgment of the High Court of Kenya at MombasaCoramJ. E. GICHERU, P. K. TUNOI, A. A. LAKHA
Holding
The Notice of Appeal is struck out with costs to the applicant
Facts
The Notice of Appeal was served on the applicant on 12-6-02 clearly outside the prescribed period of 7 days under rule 76 (1) of the Court of Appeal Rules, and the same having been lodged in the superior court on 24th May, 2002.
Issues
- Whether the Notice of Appeal was served within the prescribed period
- Whether the essential step in the proceedings was taken
Reasoning
The Notice of Appeal was served outside the prescribed period and an essential step in the proceedings was not taken.
Outcome
The Notice of Appeal is struck out with costs to the applicant
Orders
- The Notice of Appeal is struck out
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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