Said v Chome (Civil Appeal (Application) 152 of 2019) [2022] KECA 19 (KLR) (4 February 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 19
- Citation
- [2022] KECA 19 (KLR)
- Decided
- 4 February 2022
The notice of appeal is deemed invalid due to non-compliance with the service requirements, and the application to strike it out is allowed.
Facts
The respondent/appellant, Yawa Chome, filed a notice of appeal against the judgment of the Environment and Land Court on 1st July 2019, but it was never served on the applicant, Hussein Abdalla Said. The record of appeal was filed on 22nd November 2019 and served on 2nd September 2020, almost a year later.
Issues
- Validity of the notice of appeal
- Competence of the application to strike out the notice of appeal
Reasoning
The notice of appeal was not served on the applicant within the prescribed time, and the pandemic was not a valid reason for the delay. The application was filed within the 30-day period after service of the record of appeal.
Outcome
The appellant's record of appeal is struck out with costs to the respondent.
Orders
- The appellant's record of appeal led on 22nd November 2019 is hereby struck out with costs to the applicant/respondent.
Authorities cited
Legislation (1)
- Court of Appeal Rules
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