Kaaya Enterprises Ltd v Commissioner of Customs & Excise (Civil Appeal (Application) 204 of 2020) [2023] KECA 411 (KLR) (14 April 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 411
- Citation
- [2023] KECA 411 (KLR)
- Decided
- 14 April 2023
The application to strike out the record of appeal is dismissed as it was filed more than 30 days after the notice of appeal was served and without seeking leave to file out of time.
Facts
The applicant, Kaaya Enterprises Ltd, won a judgment in favor of them on May 29, 2019. The respondent, Commissioner of Customs & Excise, did not file a notice of appeal and the record of appeal within the time stipulated by the Court of Appeal Rules. The respondent later filed an application for extension of time to file the notice of appeal and record of appeal out of time.
Issues
- Whether the record of appeal should be struck out due to non-compliance with the Court of Appeal Rules
- Whether the application for extension of time was valid
Reasoning
The court held that the application to strike out the notice of appeal is incompetent because it seeks to enforce timelines as against the respondent, but is itself violative of the proviso to Rule 84 which mandates that it be filed within 30 days. The application was filed more than 1 year and 6 months after the notice of appeal was served.
Outcome
Application dismissed
Orders
- Order that the costs shall abide the outcome of the appeal
Authorities cited
Legislation (2)
- Court of Appeal Rules 2010
- Appellate Jurisdiction Act
Cases cited (4)
- Esther Anyango Ochieng v Transmara Sugar Company [2020] eKLR
- Joyce Bochere Nyamweya v Jemima Nyaboke Nyamweya & another [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
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