SAFE RENTALS LIMITED v AFRICAN SAFARI CLUB LTD [2011] KECA 349 (KLR)
- Court
- Court of Appeal
- Case number
- 349
- Citation
- [2011] KECA 349 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to strike out record of appealCoramP.K. TUNOI, S.E.O. BOSIRE, ALNASHIR VISRAM
Holding
The appellant's application is dismissed with costs, and the certificate of delay dated 23rd July 2010 is declared invalid, making the appeal incompetent.
Facts
African Safari Club Limited was the unsuccessful party in a suit brought by Safe Rentals Limited. The appellant filed a notice of appeal but did not file a record of appeal until 30th July 2010, which was outside the 60-day stipulated time limit. The appellant submitted certificates of delay to justify the late filing.
Issues
- Whether the appellant's application for an order striking out the record of appeal is competent.
- Whether the appellant's certificates of delay are valid and should be expunged from the record.
Reasoning
The court found the appellant not being candid and not offering a reasonable explanation for the presence of two certificates of delay. The court dismissed the application and declared the certificate of delay invalid.
Outcome
The appeal is struck out with costs.
Orders
- The certificate of delay dated 23rd July 2010 is declared invalid.
- The appellant's application is 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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