John Ngugi Kabogo t/a Club Sidai Oleng v Ruhangi (Civil Application E222 of 2021) [2022] KECA 158 (KLR) (18 February 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 158
- Citation
- [2022] KECA 158 (KLR)
- Decided
- 18 February 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file and serve the Notice of Appeal, Memorandum and Record of AppealCoramKI LAIBUTA
Holding
The application is dismissed as the applicant has failed to comply with the mandatory requirements of filing and serving a notice of appeal within the prescribed time.
Facts
The applicant failed to comply with the requirements of Court of Appeal Rules 75(1) and (2) and 77(1) by not filing and serving a notice of appeal within the prescribed time.
Issues
- Failure to comply with Court of Appeal Rules 75(1) and (2) and 77(1)
- Application for extension of time
Reasoning
The Court of Appeal Rules 75(1) and (2) and 77(1) are mandatory and require the filing and serving of a notice of appeal within the specified time. The Supreme Court in University of Eldoret v Hosea Sitienei observed that the filing of a notice of appeal signifies the intention to appeal.
Outcome
Application dismissed
Orders
- Application for extension of time denied
Authorities cited
Legislation (1)
- Court of Appeal Rules 75(1) and (2)
Cases cited (1)
- University of Eldoret and another v Hosea Sitienei and three others [2020] eKLR
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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