Ecobank Limited v Daphine Balida Ketter [2021] KECA 1046 (KLR)
- Court
- Court of Appeal
- Case number
- 1046
- Citation
- [2021] KECA 1046 (KLR)
- Decided
- 29 January 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to strike out Notice of AppealCoramW. Ouko, W. Karanja, D. K. Musinga
Holding
The Notice of Appeal is hereby struck out with costs to the applicant.
Facts
The applicant, Ecobank Limited, sought to strike out the Notice of Appeal filed by the respondent, Daphine Balida Ketter, against a ruling of the Environment and Land Court of Kenya. The respondent was granted a stay of sale of charged properties pending the appeal.
Issues
- Whether the respondent has filed the appeal within the prescribed time
- Whether the respondent has taken any essential steps to ensure the appeal process is on course
- Whether the time within which to file the appeal has lapsed
Reasoning
The respondent failed to file the appeal within the prescribed time and has not taken any essential steps to ensure the appeal process is on course. The time within which to file the appeal has lapsed.
Outcome
Affirmed
Orders
- Notice of Appeal struck out
Remedies
- Costs to the applicant
Authorities cited
Legislation (2)
- Rules 83 and 84 of the Court's Rules
- Appellate Jurisdiction Act
Cases cited (1)
- Mae Properties Limited v. Joseph Kibe & Another, Nairobi Civil Appeal (Application) No. 201 of 2016
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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