General Daudi Tonje & another v John Bartinga Tonje [2020] KECA 608 (KLR)
- Court
- Court of Appeal
- Case number
- 608
- Citation
- [2020] KECA 608 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to strike out Notice of AppealCoramH. OKWENGU, A. K. MURGOR, S. ole KANTAI
Holding
The Notice of Appeal is deemed withdrawn.
Facts
The respondent filed a Notice of Appeal on 30th April 2012 but did not file the record of appeal within 60 days. The applicants filed an application to strike out the Notice of Appeal.
Issues
- Whether the Notice of Appeal should be deemed withdrawn under rule 83
- Whether the Notice of Appeal should be struck out
Reasoning
The Notice of Appeal was not filed within 60 days, and the respondent did not explain the delay. The applicants sought for the Notice of Appeal to be struck out, but the court deemed it withdrawn.
Outcome
The Notice of Appeal is deemed withdrawn.
Orders
- The Notice of Appeal dated 30th April 2012 is hereby deemed as withdrawn with costs to the applicants.
Authorities cited
Legislation (1)
- Court of Appeal Rules
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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