Peter Kibe Wangai v Paul Temu Nderemo & another [2015] KECA 998 (KLR)
- Court
- Court of Appeal
- Case number
- 998
- Citation
- [2015] KECA 998 (KLR)
- Decided
- 20 January 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to strike out Notice of AppealCoramALNASHIR VISRAM, MARTHA KOOME, J. OTIENO-ODEK
Holding
The respondents' Notice of Appeal dated 1st October, 2010 has been deemed withdrawn due to failure to institute the appeal in accordance with the Rules of the Court.
Facts
Following a road traffic accident, the applicant filed a suit in the subordinate court against the respondents seeking damages. The trial court dismissed the suit, and the applicant appealed to the High Court, which allowed the appeal and reinstated the suit.
Issues
- Whether the respondents have an arguable appeal
- Whether the respondents have filed the appeal within the appointed time
Reasoning
The respondents failed to file the appeal within sixty days of lodging the Notice of Appeal. The court found that the respondents' contention that they have an arguable appeal does not suffice as a reasonable explanation for the delay.
Outcome
The application is allowed with costs to the applicant.
Orders
- The respondents' Notice of Appeal dated 1st October, 2010 is deemed withdrawn
Remedies
- Costs to the applicant
Authorities cited
Cases cited (1)
- Mohammed Sheikh Abubakar –vs- Zacharius Mweri Baya- Civil Application No. Nai. 184 of 2005
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.
Loading judgment…