Odongo v Mwalimo (Civil Application E095 of 2021) [2023] KECA 252 (KLR) (17 March 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 252
- Citation
- [2023] KECA 252 (KLR)
- Decided
- 17 March 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication to strike out Notice of AppealCoramAzangalala, JUDGE OF APPEAL, JW LESSIT, Onyiego
Holding
The notice of appeal is struck out with costs to the applicant.
Facts
The respondent, Japheth Phidelis Lumerenyi Mwalimo, filed a notice of appeal against the judgment of the High Court of Kenya at Mombasa. The applicant, Stephen Nick Omondi Odongo, sought to strike out the notice of appeal due to non-compliance with the Court of Appeal Rules.
Issues
- Whether the notice of appeal was served within the prescribed time
- Whether the failure to serve the notice of appeal within the required time prejudiced the applicant
Reasoning
The court found that the notice of appeal was not served on the applicant within the required time and that the delay in effecting service has not been satisfactorily explained by the appellant. The court held that the applicant's notice of motion application dated December 8, 2021 is merited.
Outcome
The notice of appeal is struck out with costs to the applicant.
Orders
- The notice of appeal dated October 12, 2021 and lodged on October 14, 2021 is hereby struck out with costs to the applicant.
Authorities cited
Legislation (2)
- Court of Appeal Rules, 2010
- Notice of Appeal Rules
Cases cited (1)
- Hanos (K) Limited v Dhiren Mohanlal Shah [2021] 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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