Saicare Enterprises Limited v Mana Pharmacy & another (Civil Application E087 of 2022) [2022] KECA 1058 (KLR) (7 October 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 1058
- Citation
- [2022] KECA 1058 (KLR)
- Decided
- 7 October 2022
The Court strikes out the notice of appeal dated March 17, 2022 with costs to the applicant.
Facts
Saicare Enterprises Limited filed a notice of appeal against a judgment and decree issued by the High Court of Kenya in Nairobi, Milimani on November 22, 2021. The notice of appeal was filed on February 18, 2022, more than 78 days after the judgment and decree.
Issues
- Whether the notice of appeal was filed within the prescribed time
- Whether the respondents' application for stay of execution and leave to come on record affected the running of time for filing the notice of appeal
Reasoning
The notice of appeal was filed more than 78 days after the judgment and decree, which is beyond the 14-day time limit required by Rule 75(2) of the Court of Appeal Rules. The respondents' application for stay of execution and leave to come on record did not stop the running of time for filing the notice of appeal.
Outcome
The notice of appeal is struck out with costs awarded to the applicant.
Orders
- The notice of appeal dated March 17, 2022 is struck out
Authorities cited
Legislation (1)
- Court of Appeal Rules
Cases cited (4)
- Harun Theuri Ngunyi vs. Kinangop Division Land Disputes Tribunal (2021) KECA 428 eKLR
- Kahinga vs. Mutura KLR 428
- Nicholas Kiptoo Arap Korir Salat vs. Independent Electoral and Boundaries Commission & 7 Others [2014] eKLR
- Silverbrand vs. County of Los Angeles (2009) 46 Cal. 4th 106
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