Jemimah Caleb Otieno v Mary Ang’awa & another [2015] KECA 200 (KLR)
- Court
- Court of Appeal
- Case number
- 200
- Citation
- [2015] KECA 200 (KLR)
- Decided
- 20 November 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to strike out an appealCoramD. K. MUSINGA, S. GATEMBU KAIRU, A. K. MURGOR
Holding
The Court of Appeal dismissed the application to strike out the appeal.
Facts
The appellant filed an appeal and notice of appeal in the High Court, but the application to strike out the appeal was filed outside the sixty days period permitted under the Rules.
Issues
- Whether the appeal was filed within the time limit under Rule 84 of the Court of Appeal Rules.
- Whether the appellant's record of appeal contained a certificate of delay and a letter to the High Court requesting proceedings of the High Court.
Reasoning
The Court found that the appellant's appeal was filed within the sixty days period permitted under the Rules and that the record of appeal contained a certificate of delay and a letter to the High Court.
Outcome
The application to strike out the appeal was dismissed.
Orders
- The respondents shall have the costs of the application.
Authorities cited
Cases cited (2)
- Julia Wanjiru 7 4 others vs. Jacinta Wairimu Njoroge [2013] eKLR
- Kenya Ports Authority vs. Maison 425 [2014] eKLR
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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