Fred Miriga Alcop Limited & another v Fred Immanuel Miriga [2018] KECA 94 (KLR)
- Court
- Court of Appeal
- Case number
- 94
- Citation
- [2018] KECA 94 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to strike out Notice of AppealCoramALNASHIR VISRAM, W. KARANJA, M. K. KOOME
Holding
The Notice of Appeal is hereby deemed withdrawn.
Facts
Respondent lodged a Notice of Appeal on 16th April, 2012, but failed to file the record of appeal within the sixty-day period. The Notice of Appeal was filed on 16th April, 2016, and the applicants sought to strike it out.
Issues
- Whether the Notice of Appeal should be deemed withdrawn due to the respondent's failure to file the record of appeal within the time limit.
- Whether the applicants should be awarded costs as the application was unopposed.
Reasoning
The respondent failed to file the record of appeal within the sixty-day period, and the Court has the mandate to order the Notice of Appeal be deemed withdrawn.
Outcome
The Notice of Appeal is deemed withdrawn.
Orders
- The Notice of Appeal dated 12th April, 2012 and lodged on 16th April 2012 is hereby deemed withdrawn.
Authorities cited
Legislation (2)
- Rule 82 (1) of the Court of Appeal Rules
- Rule 83 of the Court of Appeal Rules
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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