Kuura & 2 others v M’riria & 2 others (Civil Application 151 of 2019) [2023] KECA 1611 (KLR) (22 September 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 1611
- Citation
- [2023] KECA 1611 (KLR)
- Decided
- 22 September 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication to strike out respondents' notice of appealCoramAO MUCHELULE, P. M. Njoroge
Holding
The Court strikes out the respondents' notice of appeal and the certificate of delay.
Facts
The applicants filed a notice of motion seeking to strike out the respondents' notice of appeal and a certificate of delay, alleging that the respondents failed to file the record of appeal within the prescribed time.
Issues
- Whether the respondents' notice of appeal was filed within the prescribed time under Rule 84 of the Court of Appeal Rules, 2010.
- Whether the applicants' application to strike out the respondents' notice of appeal is timely and competent.
Reasoning
The Court found that the respondents failed to file the record of appeal within the prescribed time, as stipulated in Rule 84 of the Court of Appeal Rules, 2010. The applicants' application was filed after the 30-day period from the service of the notice of appeal, rendering it incompetent.
Outcome
The respondents' notice of appeal and the certificate of delay are struck out.
Orders
- Strike out the respondents' notice of appeal
- Strike out the certificate of delay
Authorities cited
Legislation (2)
- Court of Appeal Rules, 2010
- Court of Appeal Rules, 2022
Cases cited (6)
- Charles Wanjohi Wathuku v. Githinji Ngure & Another [2016] eKLR
- John Mutai Mwangi & 26 Others v. Mwenja Ngure & 4 Others [2016] eKLR
- Joyce Bochere Nyamweya v Jemima Nyaboke Nyamweya & another (supra)
- Salama Beach Hotel Limited & 4 others v Kenyariri & Associates Advocates & 4 others [2016] eKLR
- William Mwangi Nguruki v. Barclays Bank of Kenya Ltd [2014] eKLR
- Michael Mwalo v. Board of Trustees of National Social Security Fund [2014] 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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