In re Estate of Katana Karisa Madago (Deceased) [2019] KECA 996 (KLR)
- Court
- Court of Appeal
- Case number
- 996
- Citation
- [2019] KECA 996 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to strike out the record of appealCoramALNASHIR VISRAM, W. KARANJA, M. K. KOOME
Holding
The appeal is struck out with no order as to costs as there is no competent appeal.
Facts
The respondent was ordered to file a record of appeal within 60 days, but failed to do so. The 1st and 2nd applicants filed an application to strike out the record of appeal on the grounds that it was filed out of time.
Issues
- Whether the record of appeal was filed out of time
- Whether the application to strike out the record of appeal is competent
Reasoning
The respondent failed to file the record of appeal within the prescribed time and did not seek leave to do so. The appeal is therefore incompetent.
Outcome
The appeal is struck out with no order as to costs.
Orders
- The appeal is struck out with no order 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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