Ndirangu & 3 others v Isosho (Civil Application E038 of 2021) [2023] KECA 433 (KLR) (14 April 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 433
- Citation
- [2023] KECA 433 (KLR)
- Decided
- 14 April 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication to strike out the respondent's record of appealCoramS. GATEMBU KAIRU, P. NYAMWEYA, G. V. ODUNGA
Holding
The application is dismissed as the Notice of Motion is both incompetent and devoid of merits.
Facts
The Applicants moved the Court to strike out the Respondent's record of appeal filed on March 5, 2020, alleging that it was filed beyond the statutory period of 60 days from the date of the Notice of Appeal. The Respondent did not file a reply or submissions.
Issues
- Whether the Respondent's record of appeal was filed within the statutory period of 60 days from the date of the Notice of Appeal.
- Whether the Respondent was notified of the proceedings' readiness before the appeal was filed.
Reasoning
The Court found that the Respondent's record of appeal was filed within the statutory period and that the Respondent was notified of the proceedings' readiness before the appeal was filed.
Outcome
Application dismissed
Orders
- The Notice of Motion is dismissed but with no order as to costs as the Respondent did not respond to the application.
Authorities cited
Legislation (3)
- Court of Appeal Rules 2022
- Notice of Appeal
- Record of Appeal
Cases cited (2)
- Tropicana Hotels Limited v SBM Bank (Kenya) Limited
- Patrick Kiruja Kithinji v Victor Mugira Marete
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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