Simon Gashwe Mukuha v Newton Kagira Mukuha [2016] KECA 405 (KLR)
- Court
- Court of Appeal
- Case number
- 405
- Citation
- [2016] KECA 405 (KLR)
The court will allow the appeal and order that the respondent file and serve the memorandum and record of appeal within 45 days of this order, and the record of appeal shall be served on Simon's advocate within 14 days of filing. If not complied with, the notice of appeal will be deemed withdrawn and the respondent will bear the costs.
Facts
Simon Gashwe Mukuha and Newton Kagira Mukuha are brothers and sons of the late Peter Mukuha Kago. They are involved in a dispute over the distribution of the estate of the deceased, including the shareholding of Naivas Ltd.
Issues
- Whether the Notice of Appeal was properly served on Simon's advocate
- Whether the Notice of Appeal should be struck out due to the delay in service
Reasoning
The court exercised its discretion to allow the appeal under the overriding objective principles to facilitate a just, expedited, and affordable resolution of the appeal.
Outcome
The appeal is allowed and the respondent is ordered to file and serve the memorandum and record of appeal within 45 days.
Orders
- Respondent to file and serve the memorandum and record of appeal within 45 days
- Record of appeal to be served on Simon's advocate within 14 days of filing
- If not complied with, notice of appeal will be deemed withdrawn and respondent will bear the costs
- If orders (i) and (ii) are complied with, appeal will be heard and disposed of expeditiously
- Each party to bear its own costs of the application
Loading judgment…