George Mwai Mburu v Mary Wamaitha Kaitany & another [2015] KECA 326 (KLR)
- Court
- Court of Appeal
- Case number
- 326
- Citation
- [2015] KECA 326 (KLR)
- Decided
- 16 October 2015
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to strike out the notice and record of appealCoramGITHINJI, MOHAMMED, KANTAI, PATRICK KIRU, Waweru
Holding
The appeal was filed outside the stipulated 60 days period without leave of the Court, making the record of appeal incompetent.
Facts
The appellant filed a re-amended plaint seeking declarations and orders regarding ownership rights over plots B1 and B2 along Kombo Munyiri Road, Nairobi. The respondent filed a notice of appeal on 10th October, 2012, but failed to file the appeal within the prescribed time frame.
Issues
- Whether the application to strike out the notice and record of appeal is properly before the court.
- Whether the appeal should be struck out for being incompetent before the court.
Reasoning
The respondent failed to file the appeal within the prescribed time frame and did not obtain leave of the Court to file the record of appeal outside the stipulated period.
Outcome
The appeal was struck out.
Orders
- The appeal dated 23rd October, 2014 and filed on the 7th November, 2014 be struck out.
- The appellant be condemned to bear the costs of this application.
Authorities cited
Legislation (1)
- Court of Appeal Rules
Cases cited (1)
- LITHER PETER MUIA & ANOTHER V ZUENA NGANDO KABABU, (2015) 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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