Patrick Njuguna Kariuki v Delmonte Kenya Limited [2020] KECA 50 (KLR)

Facts

The applicant Patrick Njuguna Kariuki sought to strike out the respondent Delmonte Kenya Limited's Record of Appeal filed on 21st August 2017, alleging that the appeal was filed out of time due to the respondent's failure to serve the applicant with a letter requesting certified proceedings.

Issues

1. Whether the respondent's appeal was filed out of time
2. Whether the respondent can rely on the proviso to rule 82(1) to exclude the time taken for preparation of certified proceedings

Reasoning

The Court ruled that the respondent's appeal was filed out of time because the letter requesting certified proceedings was not served on the applicant, and the respondent cannot rely on the proviso to rule 82(1) to exclude the time taken for preparation of the proceedings.

Outcome

The respondent's Record of Appeal is struck out.

Authorities cited