John Omollo Nyakongo t/a HR Ganijee & Sons v County Government of Kwale & another (Civil Application E047 of 2021) [2022] KECA 591 (KLR) (27 May 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 591
- Citation
- [2022] KECA 591 (KLR)
- Decided
- 27 May 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication to withdraw and deem the Notice of AppealCoramJUDGE OF APPEAL, JW LESSIT, P.J. Otieno, P.J.O. Otieno
Holding
The application is dismissed with costs to the 1st respondent.
Facts
The applicant sought to withdraw and deem withdrawn a Notice of Appeal filed against the High Court's ruling allowing his application to reinstate his suit for hearing on merits. The 1st respondent opposed the application, arguing that the proceedings were not ready for appeal due to a delay certificate issued by the lower court.
Issues
- Whether the Notice of Appeal should be deemed withdrawn under Rule 83 of the Court of Appeal Rules.
- Whether the Court can disregard the delay certificate issued by the 1st respondent.
Reasoning
The Court found that the 1st respondent had already filed the memorandum and record of appeal and exhibited a delay certificate, making the deeming provision inapplicable. The Court emphasized that Rule 83 is not a substitute for Rule 84 and is meant to clean up the appellate system.
Outcome
Dismissed with costs
Authorities cited
Legislation (1)
- Court of Appeal Rules, 2010
Cases cited (3)
- Tropicana Hotels Limited vs. SBM Bank (Kenya) Limited
- John Mutai Mwangi & 26 others vs Mwenja Ngure & 4 others
- Mae Properties Ltd vs. Joseph Kibe
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.
Loading judgment…