Charles Mwangi Muniu v Margaret Ndungu (Civil Appeal (Application) 195 of 2020) [2021] KECA 863 (KLR) (19 March 2021) (Ruling)
- Court
- Court of Appeal
- Case number
- 863
- Citation
- [2021] KECA 863 (KLR)
- Decided
- 19 March 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication to strike out an appeal filed out of time without leaveCoramHannah Okwengu, P. O. Kiage, F. Sichahe
Holding
The Court finds that the record of appeal was filed out of time and without leave, and deems the notice of appeal as withdrawn and strikes out the appeal.
Facts
The respondent filed an appeal against the judgment of the High Court, but the appeal was filed out of time and without leave. The applicant claimed the appeal was filed out of time and without leave.
Issues
- whether the appeal was filed out of time and without leave
- whether the appeal is incompetent
Reasoning
The Court notes that the respondent did not file any replying affidavit and has not exhibited evidence to show when the letter bespeaking the proceedings was filed and when, if at all, it was served on the applicant. The applicant has also not availed any certificate of delay signed by the Deputy Registrar of the Court.
Outcome
The appeal is struck out.
Orders
- deeming the notice of appeal as withdrawn
Authorities cited
Legislation (2)
- Court of Appeal Rules
- 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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