Kabuito Contractors Limited v Attorney General [2020] KECA 236 (KLR)
- Court
- Court of Appeal
- Case number
- 236
- Citation
- [2020] KECA 236 (KLR)
- Decided
- 23 October 2020
The application to strike out the Notice and Record of Appeal is dismissed with costs to the respondent.
Facts
Kabuito Contractors Limited brought an action against the Hon. Attorney General for a sum of Ksh.1,122,668,596/71, interest, costs, and interest on a contract awarded by the former Ministry of Local Government. The respondent filed a notice of appeal and subsequently the record of appeal, which the applicant contested as filed in contravention of Court of Appeal Rules.
Issues
- Whether the record of appeal was filed in contravention of Rule 82 of the Court of Appeal Rules.
- Whether the applicant has a valid reason to contest the filing of the record of appeal.
Reasoning
The respondent filed the notice of appeal and record of appeal within the 60-day period allowed by Rule 82, and the certificate of delay confirms that the court took the necessary time to prepare and deliver the proceedings. The applicant's application for the striking out of the appeal is dismissed.
Outcome
Application dismissed with costs to the respondent.
Authorities cited
Legislation (1)
- Court of Appeal Rules
Cases cited (1)
- Daniel Ng’ang’a Kanyi V. Sophinaf Company Ltd & Another, Civil Appeal (Application) No. 315 of 2001
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