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Elizabeth Wanjiku Muchai v Standard Limited [2017] KECA 735 (KLR)

[2017] KECA 735 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
735
Citation
[2017] KECA 735 (KLR)
Decided
3 March 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to strike out Notice of AppealCoramALNASHIR VISRAM, M. K. KOOME, J. MOHAMMED
Holding

We allow the application and strike out the Notice of Appeal.

Facts

The applicant filed a defamation suit against the respondent, and the respondent filed a Notice of Appeal. The High Court entered judgment in favor of the applicant. The respondent did not file the record of appeal within the required time frame.

Issues

  1. Whether the Notice of Appeal should be struck out due to non-compliance with the Court of Appeal Rules.
  2. Whether the 30-day restriction under Rule 84 of the Court of Appeal Rules applies in this case.

Reasoning

The respondent failed to file the record of appeal within the required time frame, and the 30-day restriction under Rule 84 of the Court of Appeal Rules does not apply in this case.

Outcome

The Notice of Appeal is struck out.

Orders

  • The Notice of Appeal dated 27th January, 2011 and filed in this Court on 4th February, 2011 is hereby 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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