Julie Mukami Kanyoko & 2 others v Samuel Mukua Kamere & another [2015] KECA 398 (KLR)
- Court
- Court of Appeal
- Case number
- 398
- Citation
- [2015] KECA 398 (KLR)
- Decided
- 25 September 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeApplication to strike out a Notice of AppealPostureAppeal from the High Court of KenyaCoramE. M. GITHINJI, P. M. MWILU, S. ole KANTAI
Holding
The applicants' application to strike out the respondents' notice of appeal is granted.
Facts
The trial judge denied the respondents' application to review the trial judge's earlier ruling denying the respondents leave to defend the suit. The respondents filed an application to enlarge time to file a notice of appeal, which was granted by the court. The respondents filed and served the notice of appeal five days after the prescribed time.
Issues
- Whether the respondents' notice of appeal should be struck out due to exceeding the prescribed time
- Whether the respondents' application to enlarge time should be considered valid
Reasoning
The court found that the respondents exceeded the prescribed time to file the notice of appeal and that the application to enlarge time was not considered valid.
Outcome
The applicants' application to strike out the respondents' notice of appeal is granted.
Orders
- The applicants' application to strike out the respondents' notice of appeal is granted
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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