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Julia Wanjiru & 4 others v Jacinta Wairimu Njoroge [2013] KECA 265 (KLR)

[2013] KECA 265 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
265
Citation
[2013] KECA 265 (KLR)
Decided
20 September 2013
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication to strike out the record of appealCoramJ. W. MWERA, S. GATEMBU KAIRU, A. K. MURGOR
Holding

The appeal is struck out with costs to the respondents

Facts

Judgment was entered against Jacinta Njoroge on 9th May, 2009, dismissing her suit and giving judgment in favor of the applicants. She filed a notice of appeal on 10th May, 2007, but the record of appeal was filed and served out of time.

Issues

  1. Whether the appeal was filed within the time stipulated by the Rules
  2. Whether the certificate of delay was accurate and consistent with the proceedings

Reasoning

The appeal was filed more than sixty days after the date of the certificate of delay and not within the sixty days stipulated by Rule 81. Additionally, the appeal was not served upon the respondents within seven days after lodging.

Outcome

Appeal struck out

Orders

  • Strike out the record of appeal

Authorities cited

Legislation (1)
  • Court of Appeal Rules
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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