Musundi & another v Barasa & 2 others (Civil Application E121 of 2021) [2022] KECA 1222 (KLR) (4 November 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 1222
- Citation
- [2022] KECA 1222 (KLR)
- Decided
- 4 November 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to strike out Notice of AppealCoramP.O. KIAGE, MUMBI NGUGI, F. TUIYOTT
Holding
The notice of appeal dated July 23, 2019 is hereby deemed as withdrawn.
Facts
The respondents filed a notice of appeal on July 23, 2019, against the judgment of Chemitei J in Succession Cause No. 12 of 2019. The applicants claim the notice of appeal was never served and that the respondents failed to file a record of appeal within 60 days.
Issues
- Whether the respondents failed to file a record of appeal within 60 days from the date of filing the notice of appeal.
- Whether the notice of appeal should be deemed withdrawn due to the respondents' failure to file a record of appeal.
Reasoning
The Court held that the respondents have not taken any steps to institute their appeal since they filed the notice of appeal more than three years ago. The Court deems the notice of appeal as withdrawn under Rule 83 of the Court of Appeal Rules 2010.
Outcome
The application is allowed, and the notice of appeal is deemed as withdrawn.
Orders
- The notice of appeal dated July 23, 2019 is hereby deemed as withdrawn.
- The applicants shall have the costs of the application.
Authorities cited
Legislation (2)
- Court of Appeal Rules 2010
- Court of Appeal Rules 2022
Cases cited (3)
- John Mutai Mwangi & 26 others vs. Mwenja Ngure & 4 others (2016) eKLR
- Judith Jemeli Kese v Moi Teaching and Referral Hospital (2021) eKLR
- Nakuru Water & Sanitation Company Ltd v Asanyo & 2 others (Civil Appeal (Application) 116 of 2018) (2022) KECA 139 (KLR)
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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