DT Dobie & Co (Kenya) Limited v Alfred Machayo [2005] KECA 95 (KLR)
- Court
- Court of Appeal
- Case number
- 95
- Citation
- [2005] KECA 95 (KLR)
- Decided
- 14 October 2005
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureRespondent seeks to strike out the record of appeal filed by the appellant due to it being filed out of time.CoramP.K. TUNOI, E.M. GITHINJI, P.N. WAKI
Holding
The appeal is allowed and the record of appeal is struck out with costs to the respondent.
Facts
The decision against which the appeal was desired to be made was made on 19th July, 2000. The notice of appeal was filed on 3rd June, 2003, with leave of the superior court. The record of appeal was filed on 19th November, 2004.
Issues
- Whether the record of appeal was filed out of time.
- Whether the certificate of delay provided by the respondent is valid.
Reasoning
The respondent's application to strike out the record of appeal is allowed because the appeal was filed beyond the 60-day limit set by Rule 81 of the Court of Appeal Rules. The certificate of delay provided by the respondent is invalid as it does not comply with the rules.
Outcome
The appeal is allowed and the record of appeal is struck out with costs to the respondent.
Orders
- Civil Appeal No. 254 of 2004 filed in this Court on 19th November, 2004, is hereby struck out with costs to the respondent.
- The applicant shall have costs of the application.
Authorities cited
Legislation (2)
- Court of Appeal Rules
- Appellate Jurisdiction Act, Cap 9, Laws of Kenya
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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