RODGERS ABISAI T/A ABISAI & COMPANY ADVOCATES v WACHIRA WARURU & another [2009] KECA 199 (KLR)
- Court
- Court of Appeal
- Case number
- 199
- Citation
- [2009] KECA 199 (KLR)
- Decided
- 17 July 2009
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication to deem the Notice of Appeal withdrawnCoramP.K. TUNOI, P.N. WAKI, J.W. ONYANGO OTIENO
Holding
The application to deem the notice of appeal withdrawn is dismissed with costs.
Facts
The original suit was filed on 23rd April, 2001 and heard until 16th October, 2002. The applicant lodged an appeal which was allowed by the Court of Appeal on 23rd June, 2006. The respondents filed a notice of appeal on 23rd May, 2007, but did not lodge the requisite record of appeal.
Issues
- Whether the respondents' notice of appeal was properly lodged
- Whether the respondents failed to take essential steps to lodge the requisite record of appeal
Reasoning
The Court agrees with the applicant that certified copies of proceedings and judgment are not necessary for an appeal. The respondents failed to comply with the Court of Appeal Rules by requesting for certified copies instead of uncertified ones.
Outcome
Application dismissed
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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