Salama Beach Hotel Limited & 4 others v Kenyariri & Associates Advocates & 4 others [2016] KECA 447 (KLR)
- Court
- Court of Appeal
- Case number
- 447
- Citation
- [2016] KECA 447 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to stay execution of taxed costs and application to strike out appealCoramMAKHANDIA, OUKO, M’INOTI
Holding
The appeal is struck out due to the failure to properly lodge the notice of appeal.
Facts
The former clients (Salama Beach Hotel Limited and 3 others) filed an appeal against the taxed costs awarded to their erstwhile advocates, Kenyariri & Associates. The latter filed an application to strike out the appeal due to a failure to properly lodge the notice of appeal.
Issues
- Whether the execution of taxed costs should be stayed pending the hearing of the appeal.
- Whether the appeal should be struck out due to a failure to properly lodge the notice of appeal.
Reasoning
The court found that the failure to properly lodge the notice of appeal is a fatal defect that throws the whole system into disarray and is likely to occasion prejudice and injustice to the respondent. The court retains the inherent power to strike out the appeal where a record of appeal fails to contain one or more of the primary documents.
Outcome
The appeal is struck out.
Orders
- Strike out the appeal
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…