John Francis Muyodi v Peter Lunani Ongoma & 2 others [2014] KECA 184 (KLR)
- Court
- Court of Appeal
- Case number
- 184
- Citation
- [2014] KECA 184 (KLR)
- Decided
- 18 December 2014
The application is incompetent for having been filed out of time and is hereby struck out with costs to the appellant.
Facts
The appellant filed the notice of appeal and applied for a copy of the proceedings on July 9, 2013, but failed to serve the applicant with a copy of the application for proceedings as required by Rule 82(2) of the Court of Appeal Rules. The applicant filed the record of appeal on October 2, 2013, and served it on the applicant's advocates on October 3, 2013.
Issues
- Whether the record of appeal was filed out of the prescribed period of 60 days.
- Whether the application for striking out the notice of appeal and record of appeal is competent and timely.
Reasoning
The Court found that the applicant's advocates received the record of appeal on or before October 6, 2013, which is within the 60-day period from the filing of the notice of appeal. Therefore, the application is incompetent.
Outcome
The application is struck out with costs to the appellant.
Orders
- The application to strike out the notice of appeal and record of appeal is dismissed.
- The application is struck out with costs to the appellant.
Authorities cited
Legislation (2)
- Court of Appeal Rules
- Civil Procedure Rules
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