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Arthur Papa Odera v Edward Oku Kaunya [2018] KECA 498 (KLR)

[2018] KECA 498 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
498
Citation
[2018] KECA 498 (KLR)
Decided
19 June 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureAppeal from the High Court of Kenya at BusiaCoramE. M. GITHINJI, HANNAH OKWENGU, J. MOHAMMED
Holding

The notice of appeal is struck out with no orders as to costs.

Facts

The appellant, Arthur Papa Odera, filed an appeal against the judgment of the High Court of Kenya at Busia, which was delivered by Judge Majanja on February 26, 2017. The appellant did not attend court despite being served with a notice to show cause.

Issues

  1. Whether the notice of appeal should be struck out due to the appellant's failure to attend court and take action in furtherance of the appeal.
  2. Whether the High Court's judgment should be upheld or reversed.

Reasoning

The court ruled that the appellant failed to attend court despite being served with a notice to show cause, and thus the notice of appeal is deemed withdrawn.

Outcome

Appeal dismissed

Orders

  • The notice of appeal is struck out with no orders as to costs.
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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