Truphosa Cheredi Mudembei & another v John. K. Malembi [2017] KECA 346 (KLR)
- Court
- Court of Appeal
- Case number
- 346
- Citation
- [2017] KECA 346 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to strike out an appealCoramE. M. GITHINJI, HANNAH OKWENGU, J. MOHAMMED
Holding
The Court allowed the application and struck out the appeal.
Facts
The applicants sought to have an appeal against a judgment dated 17th November, 2015 in Eldoret HCCC No. 248 of 2000 struck out. The appeal was filed by the respondent through a notice of appeal lodged in the registry on 24th November, 2015.
Issues
- Incompetence and defectiveness of the respondent's appeal
- Lodging of the appeal out of time and without leave
- Omission of a certified copy of the decree in the record of appeal
Reasoning
The Court found the appeal to be incompetent and defective due to the appeal being lodged out of time and without leave, and the omission of a certified copy of the decree in the record of appeal.
Outcome
The appeal was struck out.
Orders
- The appeal was struck out
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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