Alexander Munene R Nguu & 2 others v Njue M’tetu & 3 others [2014] KECA 165 (KLR)
- Court
- Court of Appeal
- Case number
- 165
- Citation
- [2014] KECA 165 (KLR)
- Decided
- 17 December 2014
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for striking out the Notice of AppealCoramJUDGE OF APPEAL, ALNASHIR VISRAM, JUDGE OF APPEAL, MARTHA KOOME, JUDGE OF APPEAL, J. OTIENO- ODEK
Holding
The Notice of Appeal is deemed to have been withdrawn under Rule 83 for failure to institute the appeal in accordance with the Rules of this Court.
Facts
The applicants filed an application for striking out the Notice of Appeal dated 16th October, 2013 from the ruling of the High Court of Kenya at Kerugoya (Olao, J.) dated 1st October, 2013.
Issues
- Whether the Notice of Appeal was properly served within time
- Whether the Notice of Appeal was filed within 60 days of filing the notice of appeal
- Whether the Notice of Appeal was filed in accordance with the Rules of the Court of Appeal
Reasoning
The Court found that the Notice of Appeal was not filed within 60 days of filing the notice of appeal and that there was no compliance with the provisions of Rule 81 or an application for extension of time.
Outcome
The application is allowed with costs to the applicants.
Orders
- The Notice of Appeal is deemed to have been withdrawn
Remedies
- Costs to the applicants
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (1)
- Mohammed Sheikh Abubakar –vs- Zacharius Mweri Baya- Civil Application No. Nai. 184 of 2005
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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