Mombasa Water Products Limited v Nic Bank Limited & 2 others (Civil Application E051 of 2021) [2022] KECA 523 (KLR) (6 May 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 523
- Citation
- [2022] KECA 523 (KLR)
- Decided
- 6 May 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication to withdraw and/or deem the Notice of AppealCoramJUDGE OF APPEAL, J. LESIIT, JUDGE OF APPEAL, P. NYAMWEYA, JUDGE OF APPEAL, S. GATEMBU KAIRU
Holding
The Court deems the Notice of Appeal withdrawn and dismisses the application with costs to the 1st respondent.
Facts
Mombasa Water Products Limited filed a Notice of Appeal against the judgment of the High Court at Mombasa. The 1st Respondent, Nic Bank Limited, filed a certificated delay and a reply affidavit disputing the authenticity of the delay certificate and the Notice of Appeal.
Issues
- Whether the Notice of Appeal should be deemed withdrawn due to the delay certificate's authenticity dispute.
- Whether the Notice of Appeal was properly filed within the mandatory time stipulated by the Court of Appeal Rules.
Reasoning
The Court finds the 1st Respondent's dispute regarding the delay certificate's authenticity valid and denies the application.
Outcome
Application dismissed with costs to the 1st respondent.
Orders
- The Notice of Appeal is deemed withdrawn.
- The application is dismissed with costs.
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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