Pandya & another v Baya & 3 others (Civil Application E057 of 2022) [2023] KECA 1550 (KLR) (15 December 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 1550
- Citation
- [2023] KECA 1550 (KLR)
- Decided
- 15 December 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication to strike out notice of appealCoramS. GATEMBU KAIRU, P. NYAMWEYA, G.V. ODUNGA
Holding
The notice of appeal is deemed withdrawn due to the respondents' failure to file the memorandum and record of appeal within the appointed time.
Facts
The respondents filed a notice of appeal against the judgment of the Environment and Land Court dismissing their suit for adverse possession. The applicants sought to have the notice of appeal struck out due to the respondents' failure to file their appeal.
Issues
- Whether the respondents have filed their appeal within the appointed time
- Whether the applicants' application to strike out the notice of appeal is valid
Reasoning
The Court found that the respondents did not file the appeal within the appointed time and thus the notice of appeal was deemed withdrawn under Rule 83 of the Court of Appeal Rules.
Outcome
The application to strike out the notice of appeal is allowed, and the notice of appeal is deemed withdrawn.
Orders
- The notice of appeal dated 10th June 2021 is deemed withdrawn
Remedies
- The applicants will have the costs of the application
Authorities cited
Legislation (2)
- Court of Appeal Rules 2022
- Appellate Jurisdiction Act
Cases cited (3)
- Kenya Ports Authority vs. Maur Abdalla Bwanamaka [2018] eKLR
- Mae Properties Limited vs Joseph Kibe & another [2017] eKLR
- Mombasa Water Products Limited vs NIC Bank Limited & 2 others, Civil Application No. E051 of 2021 [2022] KECA 523 (KLR)
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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