Fred Ben Okoth v Equator Bottlers Ltd [2015] KECA 66 (KLR)
- Court
- Court of Appeal
- Case number
- 66
- Citation
- [2015] KECA 66 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureRespondent seeks to strike out the appeal on the grounds that it is fatally defective.CoramW. KARANJA, D.K. MARAGA, S. Ole KANTAI
Holding
We find no merit in the application and dismiss it with costs.
Facts
The respondent filed a Notice of Motion seeking to strike out the appeal on the grounds that the record of appeal was filed out of time.
Issues
- Whether the Notice of Appeal was filed out of time.
- Whether the High Court had jurisdiction to grant leave to file the Notice of Appeal out of time.
Reasoning
The respondent did not appeal against the High Court's order granting leave to file the Notice of Appeal out of time. The High Court had jurisdiction to deem the pleadings already filed as having been filed with leave.
Outcome
Appeal dismissed with costs.
Orders
- Application to strike out the appeal dismissed with costs.
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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