Kikambala Development Company Limited & 4 others v Director of Public Prosecutions & 4 others; Kikambala Development Company Limited & 10 others (Interested Parties) (Civil Application 183 & 184 of 2020 (Consolidated)) [2022] KECA 1374 (KLR) (16 December 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 1374
- Citation
- [2022] KECA 1374 (KLR)
- Decided
- 16 December 2022
The Civil Application No 183 of 2020 and 184 of 2020 dated June 26, 2020 is allowed. The order allowing the applications is suspended pending the outcome of Civil Application No 59 of 2020.
Facts
Kikambala Development Company Limited retained Joseph Karanja Kanyi to represent it in a conveyance transaction for purchase and later sale of land. Kanyi gave a professional undertaking to Cootow & Associates, representing KPARBS, to transfer 70,000,000/- as the agreed deposit of the purchase price. The sale fell through, leading to investigations by the Ethics and Anti-Corruption Commission.
Issues
- Whether failure to serve the Notice of Appeal within the prescribed time is a fatal defect
Reasoning
Rule 79(1) of the Rules provides that the Notice of Appeal must be served on the respondent and all parties affected by it within seven days after lodging the notice. Failure to serve within the prescribed time is fatal.
Outcome
Appeal allowed
Orders
- Civil Application No 183 of 2020 and 184 of 2020 dated June 26, 2020 is allowed
- Order allowing the applications is suspended pending the outcome of Civil Application No 59 of 2020
Authorities cited
Legislation (1)
- Rules of the Court
Cases cited (1)
- Stephen Kinoro Kamau vs. Wanjiku Kinuthia & another [2005] eKLR
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