Africa Oil Turkana Limited & 2 Others v Edward Kings Onyancha Maina & 3 Others [2016] KECA 637 (KLR)
- Court
- Court of Appeal
- Case number
- 637
- Citation
- [2016] KECA 637 (KLR)
- Decided
- 21 April 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication to strike out Notice of AppealCoramD. K. MARAGA, S. GATEMBU KAIRU, A. K. MURGOR
Holding
The Notice of Appeal is struck out due to the failure to file and serve the Notice of Appeal within the prescribed time and the failure to serve the Notice of Appeal on all affected parties.
Facts
The High Court ordered the winding up of Interstate Petroleum Company Limited. The 1st respondent filed a Notice of Appeal after the 14-day period specified by the Court of Appeal's rules.
Issues
- Validity of the Notice of Appeal
- Service of the Notice of Appeal
Reasoning
The Notice of Appeal was filed 18 days after the judgment, violating Rule 75 of the Court of Appeal's rules. The Notice of Appeal was not served on the applicants within 7 days after it was lodged, and no leave was obtained to dispense with service on the affected parties.
Outcome
The Notice of Appeal is struck out with costs to the applicants.
Orders
- The Notice of Appeal is struck out
Authorities cited
Legislation (3)
- Court of Appeal Rules
- Appellate Jurisdiction Act
- Civil Procedure Act
Cases cited (3)
- Ransa Company Limited & 2 others vs Manca Francesco
- Turkana Drilling Consortium (K) Limited vs Interstate Petroleum Company Limited
- Afri Co-operative Society vs Uganda Railway Corporation
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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