Juneja v Juneia (Civil Appeal (Application) 35 of 2018) [2022] KECA 1045 (KLR) (23 September 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 1045
- Citation
- [2022] KECA 1045 (KLR)
- Decided
- 23 September 2022
The Court held that Rule 75 does not apply to cross-appeals and that the respondent had the time to file the notices of cross-appeal within the prescribed period as the appeal was yet to be set down for hearing.
Facts
The respondent filed two notices of cross-appeal on October 10 and 22, 2021, seeking to contest the decision of the High Court dated January 17, 2021. The application was brought under Section 3A of the Appellate Jurisdiction Act and Rules 42 and 75 of the Court of Appeal Rules, 2010.
Issues
- Whether the notices of cross-appeal were filed within the prescribed time limit under Rule 75 of the 2010 Rules.
- Whether Rule 75 applies to cross-appeals and if so, whether the respondent had the time to file the notices within the prescribed period.
Reasoning
The Court distinguished the giving of notice of cross-appeal from the lodgment of a cross-appeal, stating that Rule 93 governs the former and Rule 75 the latter. The Court found that the respondent had the time to file the notices of cross-appeal as the appeal was not yet set down for hearing.
Outcome
The application to expunge the notices of cross-appeal was dismissed.
Orders
- The application dated 1st November 2021 is without merit and is hereby dismissed with costs.
Authorities cited
Legislation (3)
- Appellate Jurisdiction Act
- Court of Appeal Rules, 2010
- Court of Appeal Rules, 2022
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