Willie Kiritu Kigotho v Freshia Wambui Muiruri (Civil Appeal (Application) 93 of 2016) [2016] KECA 60 (KLR) (8 December 2016) (Ruling)
- Court
- Court of Appeal
- Case number
- 60
- Citation
- [2016] KECA 60 (KLR)
- Decided
- 8 December 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to strike out appealCoramH. M. OKWENGU, P. O. KIAGE, J. MOHAMED
Holding
The appeal was filed out of time and should be struck out
Facts
The respondent filed a notice of appeal and requested for typed proceedings, but filed the appeal after the prescribed time limit.
Issues
- Whether the appeal was filed within the prescribed time limit
- Whether the time lost between the judgment and the request for proceedings should be included in the time computation
Reasoning
The respondent waited for 11 days after the judgment before requesting for proceedings, which is not allowed by the Court of Appeal Rules. The appeal was therefore filed out of time.
Outcome
Application dismissed
Orders
- Application to strike out appeal dismissed
Authorities cited
Legislation (2)
- Court of Appeal Rules
- Rules of the Environment and Land Court of Kenya
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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