Standard Ltd & another v Onchieku (Civil Application 134 of 2019) [2023] KECA 1275 (KLR) (27 October 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 1275
- Citation
- [2023] KECA 1275 (KLR)
- Decided
- 27 October 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication to strike out an appeal for being filed out of timeCoramGW NGENYE-MACHARIA, J. M. MATIVO, H. A. OMONDI, Thuranira
Holding
The appeal is struck out with no orders as to costs, and the Notice of Appeal is deemed not withdrawn.
Facts
The High Court delivered judgment on June 29, 2018, and the appellant filed a Notice of Appeal on July 6, 2018. The appellant sought certified copies of proceedings but did not serve the letter requesting for proceedings in accordance with the Court's Rules, leading to the time running out on August 28, 2018.
Issues
- Whether the appeal was filed out of time without leave of the court
- Whether the application to strike out the appeal is in bad faith
Reasoning
The court found that the appellant did not adhere to the Court of Appeal Rules and that the appeal was filed out of time. The court also noted that the appeal was already instituted and that the motion was time-barred.
Outcome
The application is dismissed with no costs.
Orders
- The appeal is struck out with no orders as to costs
- The Notice of Appeal is deemed not withdrawn
Authorities cited
Cases cited (2)
- Patrick Njuguna Kariuki vs Del Monte Kenya Limited [2020] eKLR
- Esther Anyango Ochieng vs Transmara Sugar Company [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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