Julia Wanjiru & 4 others v Jacinta Wairimu Njoroge [2013] KECA 265 (KLR)
- Court
- Court of Appeal
- Case number
- 265
- Citation
- [2013] KECA 265 (KLR)
- Decided
- 20 September 2013
AI Summary
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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
- Whether the appeal was filed within the time stipulated by the Rules
- 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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