Kenya Agricultural Research Institute (KARI) v Carol Construction CO. Ltd [2012] KECA 221 (KLR)
- Court
- Court of Appeal
- Case number
- 221
- Citation
- [2012] KECA 221 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for striking out a notice of appealCoramE.O. O’KUBASU, R.N. NAMBUYE, H.M. OKWENGU
Holding
The application is allowed, and the notice of appeal dated 5th July, 2004 and lodged on 7th July, 2005 is hereby struck out with costs to the applicant.
Facts
The respondent filed a notice of appeal on July 5, 2004, but did not file the record of appeal within 60 days as required by Rule 82 of the Court of Appeal Rules. The matter remained dormant until September 13, 2010, when the applicant filed this application.
Issues
- Whether the notice of appeal should be struck out due to the lapse of time
- Whether the respondent is interested in proceeding with the appeal
Reasoning
The respondent failed to file the record of appeal within 60 days as required by Rule 82 of the Court of Appeal Rules, and the matter remained dormant for over 5 years.
Outcome
Application allowed
Orders
- The notice of appeal dated 5th July, 2004 and lodged on 7th July, 2005 is hereby struck out with costs to the applicant
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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