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Skaga Limited v Public Procurement Administrative Review Board & 3 others (Civil Appeal (Application) E232 of 2021) [2021] KECA 272 (KLR) (3 December 2021) (Ruling)

[2021] KECA 272 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
272
Citation
[2021] KECA 272 (KLR)
Decided
3 December 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to strike out notice of appealCoramJUDGE OF APPEAL, D. K. MUSINGA, JUDGE OF APPEAL, A. K. MURGOR, JUDGE OF APPEAL, J. MOHAMMED
Holding

The notice of appeal is struck out and the entire record of appeal is dismissed with costs to the 4th respondent.

Facts

Skaga Limited and On the Mark Security Limited submitted bids for a tender advertised on the website of the Public Procurement Administrative Review Board. The tender was the subject of multiple requests for review and judicial review applications.

Issues

  1. Whether the notice of appeal was properly filed
  2. Whether the orders made by the High Court on 20th April 2021 are appealable

Reasoning

The court found that the notice of appeal was not filed in accordance with the court's orders and that the orders made by the High Court were not appealable as a matter of right. The court also noted that the appellant did not seek leave to appeal.

Outcome

The notice of appeal and the record of appeal are struck out.

Orders

  • The notice of appeal and the record of appeal are struck out with costs to the 4th respondent.

Authorities cited

Legislation (2)
  • Civil Procedure Act
  • Civil Procedure 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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