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Stephen Kibowen v Agricultural Finance Corporation [2017] KECA 430 (KLR)

[2017] KECA 430 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
430
Citation
[2017] KECA 430 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to strike out a Notice of AppealCoramG.B.M. KARIUKI SC, F. SICHALE, S. ole KANTAI
Holding

The Notice of Appeal dated 30th March, 2015 is struck out.

Facts

The respondent Agricultural Finance Corporation charged a property to secure a loan. The mortgagor defaulted, and the property was sold to the applicant Stephen Kibowen. There were issues in transferring the property, leading to litigation.

Issues

  1. Whether any proper Notice of Appeal was filed or served
  2. Whether the Notice of Appeal was served in accordance with the Rules

Reasoning

The Notice of Appeal was not served in accordance with the Rules and was not copied to the applicant.

Outcome

The Notice of Appeal is struck out.

Orders

  • The Notice of Appeal is 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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