Spencon (K) Limited v Hema Investments Ltd & another [2021] KECA 850 (KLR)
- Court
- Court of Appeal
- Case number
- 850
- Citation
- [2021] KECA 850 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to deem withdrawn a notice of appealCoramM. K. KOOME, K. M’INOTI, A. K. MURGOR
Holding
We allow the application dated 28th July 2018 and deem the respondent’s notice of appeal dated 25th July 2016 as withdrawn under rule 83 of the Court of Appeal Rules.
Facts
The High Court dismissed a suit for want of prosecution filed by Hema Investments Ltd against Spencon (K) Ltd and Kericho Municipal Council in 1997. The 1st respondent filed a notice of appeal against the dismissal but failed to lodge the record of appeal within the prescribed time.
Issues
- Whether the notice of appeal should be deemed withdrawn under rule 83 of the Court of Appeal Rules.
- Whether the respondents have failed to file a record of appeal within the prescribed time.
Reasoning
The Court found that the 1st respondent failed to file the record of appeal within the prescribed time, and the case management rule 83 empowers the Court to deem a notice of appeal as withdrawn.
Outcome
The notice of appeal is deemed withdrawn.
Orders
- The applicant will have the costs of the application.
Authorities cited
Cases cited (1)
- John Mutai Mwangi v. 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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