Makupa Transit Shade Ltd & 15 others v Kenya Ports Authority [2021] KECA 649 (KLR)
- Court
- Court of Appeal
- Case number
- 649
- Citation
- [2021] KECA 649 (KLR)
- Decided
- 23 April 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeApplication for striking out a Notice of AppealPostureRespondent's Notice of Appeal struck outCoramW. OUKO, W. KARANJA, S. GATEMBU KAIRU
Holding
The application is dismissed with costs to the Respondent
Facts
The 1st applicant filed an application seeking to strike out the Notice of Appeal dated 9th May, 2018, lodged by the Respondent (Kenya Ports Authority) in the High Court of Kenya at Mombasa. The application was premised on the grounds that the Notice of Appeal was not served within the stipulated time.
Issues
- Whether the Notice of Appeal was served within the time limit
- Whether the application has merit
Reasoning
The Notice of Appeal was served on the same day it was lodged and was acknowledged by stamping with the respondent's official stamp. The applicant's contention that the Notice of Appeal was served out of time was unfounded.
Outcome
Application dismissed
Orders
- Notice of Appeal struck out
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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