Prideinn Hotels & Investments Limited v Tropicana Hotels Limited [2018] KECA 651 (KLR)
- Court
- Court of Appeal
- Case number
- 651
- Citation
- [2018] KECA 651 (KLR)
- Decided
- 22 March 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureRespondent's application to strike out notice of appeal and record of appeal for being filed out of timeCoramVISRAM, KARANJA, KOOME
Holding
The notice of appeal was filed within the time limit, and the appeal is allowed with no order as to costs.
Facts
Prideinn Hotels & Investments Limited was liquidated by the High Court, and Tropicana Hotels Limited filed an application challenging the competency of the appeal.
Issues
- When the notice of appeal was filed
- Whether the notice of appeal was filed within the time limit
Reasoning
The notice of appeal was filed on 25 September 2017, which was within the 14-day time limit. The respondent's argument about the distinction between filing and lodging was rejected. The court found that the appellant was not insolvent and that winding up the company was not the best remedy.
Outcome
Appeal allowed
Authorities cited
Cases cited (3)
- Sacco Societies Regulatory Authority vs. Biashara Sacco Society Ltd (2013) eKLR
- Re The London wharfing and Ware Housing Co. Ltd (1865) 35 BEAU 808, 809
- RAI vs RAI Civil Appeal No.63 of 2001
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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