Mahinda (Suing as the administrator of the Estate of the Late Godfrey Wanjohi Mahinda) v Kihoto Farmers Ltd (Civil Application E002 of 2021) [2023] KECA 178 (KLR) (17 February 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 178
- Citation
- [2023] KECA 178 (KLR)
- Decided
- 17 February 2023
AI Summary
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TypeCivil ApplicationPostureApplication to be deemed as withdrawn; Notice of AppealCoramM. J. Anyara Emukule, W. K. Korir, L. A. Achode
Holding
The application is dismissed as time barred.
Facts
The High Court delivered a judgment on June 15, 2012, and the respondent lodged a notice of appeal on June 21, 2012. The respondent did not file the record of appeal and the delay has prejudiced the applicant who has been in court for over 32 years.
Issues
- Whether the application to withdraw the notice of appeal is competent.
- Whether the respondent has complied with the mandatory provisions of the Court of Appeal Rules, 2010.
Reasoning
The court dismissed the application as time barred, citing the respondent's failure to file the record of appeal within the stipulated time and the issuance of a certificate of delay by the registrar.
Outcome
The application is dismissed.
Orders
- The notice of motion dated January 25, 2021 is without merit and is hereby dismissed.
- The costs of the application shall abide the outcome of the main appeal.
Authorities cited
Legislation (1)
- Court of Appeal Rules, 2010
Cases cited (1)
- Mae Properties Limited v Joseph Kibe & Another [2017] 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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