Esther Jelagat Ngeny & another v Peter Chepkochoi Mitei & 2 otherseKLR [2020] KECA 356 (KLR)
- Court
- Court of Appeal
- Case number
- 356
- Citation
- [2020] KECA 356 (KLR)
- Decided
- 7 August 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to strike out or withdraw the notice of appealCoramA.K. MURGOR, F. SICHALE, S. ole KANTAI
Holding
The notice of appeal is deemed withdrawn under rule 83 of the rules.
Facts
The respondents failed to serve the notice of appeal on the applicants, and the applicants claimed that the delay in instituting an appeal was inordinate and unreasonable.
Issues
- Whether the notice of appeal should be deemed withdrawn
- Whether the applicants are entitled to costs
Reasoning
The Court agreed with the applicants that the notice of appeal was not served within the required time and that the delay was unreasonable.
Outcome
The notice of appeal is deemed withdrawn.
Orders
- The applicants will have costs of the Motion.
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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