Mae Properties Limited v Kibe & another (Civil Appeal 201 of 2016) [2017] KECA 238 (KLR) (19 October 2017) (Judgment)
- Court
- Court of Appeal
- Case number
- 238
- Citation
- [2017] KECA 238 (KLR)
- Decided
- 19 October 2017
The Court grants the application and declares the respondents' notice of appeal to be withdrawn.
Facts
Mae Properties Limited filed a notice of appeal against a ruling of Gikonyo, J delivered on 18th May 2015. The respondents, Joseph Kibe and Planfarm Investments Limited, lodged their notice of appeal in the High Court registry on 26th May 2015, but did not file the appeal within the 60-day period required by the Court of Appeal Rules.
Issues
- Whether the respondents' notice of appeal should be struck out or deemed withdrawn due to their failure to file the appeal within the required time frame.
- Whether the delay in filing the appeal is prejudicial to the applicant and the expeditious administration of justice.
Reasoning
The Court finds that the respondents' delay in filing the appeal is inexcusable and prejudicial to the applicant. The Court deems the notice of appeal withdrawn due to the respondents' failure to file the appeal within the 60-day period required by the Court of Appeal Rules.
Outcome
The application is granted, and the respondents are ordered to bear the costs.
Orders
- The respondents' notice of appeal is deemed withdrawn.
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