Paul Wanyonyi v Silver Star Parcels Services Limited (Civil Appeal (Application) 250 of 2009) [2010] KECA 316 (KLR) (Civ) (30 April 2010) (Ruling)
- Court
- Court of Appeal
- Case number
- 316
- Citation
- [2010] KECA 316 (KLR)
- Decided
- 30 April 2010
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureRespondent seeks to strike out the notice of appeal and the record of appeal due to it being filed out of time.CoramP. K. TUNOI, E. O. O'KUBASU, E. M. GITHINJI
Holding
The appeal was filed within the time stipulated by Rule 81(1) and dismissed.
Facts
The judgment appealed from was delivered on 8th August, 2008. The appellant made an application for a copy of the proceedings on 19th August, 2008, which was certified as delayed and delivered on 18th August, 2009.
Issues
- Whether the appeal was filed out of time
- When time starts to run from the date of the notice of delay
Reasoning
The court found that the appeal was filed within the 60-day period, considering the certified delay and the time taken to prepare and supply the copies of proceedings.
Outcome
Appeal dismissed
Orders
- Application for strike out of the notice of appeal and the record of appeal dismissed
Authorities cited
Cases cited (2)
- Richard Kanyago & two Others v. David Mukii Mereka (Civil Appeal (Application) No. 94 of 2001)
- Patani v. Crown Match Co. Ltd. & 2 Others (Civil Appeal (Application) No. 174 of 2004)
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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