Harriet Nkuene Mutuairandu v Jediel Muthuri [2021] KECA 578 (KLR)
- Court
- Court of Appeal
- Case number
- 578
- Citation
- [2021] KECA 578 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to be deemed to have been withdrawn, the Notice of Appeal against the decision of the High Court (J. Lesiit, J.) dated 16th June, 2011CoramW. Ouko (P), W. Karanja, Hannah Okwengu
Holding
The application is allowed, and the applicant is deemed to have withdrawn his notice of appeal.
Facts
The applicant filed a notice of appeal on 23rd June, 2011, but failed to file and serve the record of appeal within the appointed time. The respondent claimed that the court registry delayed in supplying the proceedings.
Issues
- Whether the applicant has diligently been following up on the typing of proceedings.
- Whether the applicant has complied with the time limits stipulated in Rule 82(1) and consent entered into on 14th May, 2012.
Reasoning
The applicant failed to file and serve the record of appeal within the appointed time, as per Rule 82(1) and consent entered into on 14th May, 2012.
Outcome
The applicant is deemed to have withdrawn his notice of appeal.
Orders
- The applicant is deemed to have withdrawn his notice of appeal.
- The applicant is liable to pay the costs arising therefrom on any persons on whom the notice of appeal was served.
Authorities cited
Legislation (2)
- Rule 82(1) of the Court's Rules
- Rule 83 of the Court's Rules
Cases cited (1)
- John Mutai Mwangi & 26 Others vs. Mwenja Ngure & 4 Others (2016) eKLR
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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