Wamuhu Maina Damaiyo v Gateway Insurance Company Limited [2013] KECA 414 (KLR)
- Court
- Court of Appeal
- Case number
- 414
- Citation
- [2013] KECA 414 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to have the Notice of Appeal withdrawnCoramL. Njagi, Alnashir Visram, J. W. Onyango Otieno
Holding
The respondent's Notice of Appeal is deemed withdrawn.
Facts
The respondent filed a Notice of Appeal in the High Court on 28th May, 2009, but did not file the record of appeal. The proceedings of the High Court were typed and certified on 21st May, 2010, and the respondent failed to appeal within the appointed time.
Issues
- Whether the respondent's Notice of Appeal should be deemed withdrawn.
- Whether the respondent's failure to file the record of appeal within the appointed time constitutes a violation of the Court's Rules.
Reasoning
The Court found that the respondent's failure to file the record of appeal within the appointed time constitutes a violation of the Court's Rules, and thus the Notice of Appeal should be deemed withdrawn.
Outcome
The respondent's Notice of Appeal is deemed withdrawn.
Orders
- The respondent's Notice of Appeal is deemed withdrawn.
- Costs are awarded to the applicant.
Authorities cited
Cases cited (2)
- Hunter Trading Company Ltd vs. Elf Oil Kenya Limited
- City Chemist (Nrb) & Another vs. Oriental Commercial Bank Ltd
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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