Pravin Vora t/a Vora Construction v Synresins Limited [2017] KECA 178 (KLR)
- Court
- Court of Appeal
- Case number
- 178
- Citation
- [2017] KECA 178 (KLR)
- Decided
- 17 November 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to strike out a Notice of AppealCoramP. KIHARA KARIUKI, ASIKE - MAKHANDIA, W. OUKO
Holding
The application to strike out the notice of appeal is dismissed with costs to the respondent.
Facts
The respondent, Synresins Limited, filed a notice of appeal against the judgment of the High Court dismissing their suit and entering judgment for the applicant, Pravin Vora t/a Vora Construction. The respondent also applied for a stay of execution pending appeal.
Issues
- Whether the respondent's notice of appeal should be struck out
- Whether the respondent has taken any action since filing the notice of appeal
Reasoning
The applicant failed to bring the application within thirty days of service of the notice of appeal, as required by Rule 84 of the Court of Appeal Rules.
Outcome
Application dismissed
Orders
- Respondent to file and serve the memorandum and record of appeal within 60 days
- Respondent to bear costs if notice of appeal is not filed within 60 days
- Notice of appeal deemed withdrawn if not filed within 60 days
- Notice of appeal and record of appeal to be struck out if not filed and served within 60 days and 7 days respectively
- Appeal to be heard and disposed of expeditiously if all orders are complied with
Authorities cited
Legislation (1)
- Court of Appeal Rules
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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