South Eastern Kenya University v Ukamba Agricultural Institute [2020] KECA 294 (KLR)
- Court
- Court of Appeal
- Case number
- 294
- Citation
- [2020] KECA 294 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to strike out Notice of AppealCoramM. K. KOOME, A. K. MURGOR, J. MOHAMMED
Holding
We allow the application and order the Notice of Appeal be struck out.
Facts
The High Court dismissed the 1st respondent's notice of motion dated 5th October, 2015. The 1st respondent filed a Notice of Appeal on 21st December, 2018, but only served the applicant on 1st March, 2018, which was outside the period required by the Court of Appeal Rules.
Issues
- Whether the Notice of Appeal is otiose due to the dismissal of the substantive suit.
- Whether the applicant has locus standi to challenge the Notice of Appeal.
Reasoning
The Notice of Appeal is otiose as the substantive suit was dismissed for want of prosecution, and the steps provided by the Court of Appeal Rules regarding filing and service of the notice and record of appeal were not followed.
Outcome
The Notice of Appeal is struck out.
Orders
- The Notice of Appeal is struck out.
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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