Attorney General v Musembi & 3 others (Civil Application E063 of 2021) [2023] KECA 467 (KLR) (28 April 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 467
- Citation
- [2023] KECA 467 (KLR)
- Decided
- 28 April 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to strike out Notice of Appeal and Record of AppealCoramGV ODUNGA, Hon., JUDGE OF APPEAL
Holding
The Notice of Appeal was filed within the prescribed time, and the Record of Appeal cannot be struck out.
Facts
The Respondent filed a Notice of Appeal and an application for typed and certified copies of proceedings on May 13, 2021, but the copies were not served. The Notice was filed on May 17, 2021, 4 days after the 14-day time limit.
Issues
- Whether the Notice of Appeal was filed out of time
- Whether the Record of Appeal can be struck out
Reasoning
The Court found that the Notice of Appeal was filed on May 17, 2021, which was within the 14-day time limit. The Court also ruled that the Applicants cannot strike out the Record of Appeal as they did not bring their application within 30 days of the Notice of Appeal's service.
Outcome
The application to strike out the Notice of Appeal and the Record of Appeal is dismissed.
Orders
- The Notice of Appeal is not struck out
- The Record of Appeal is not struck out
Authorities cited
Legislation (3)
- Appellate Jurisdiction Act
- Court of Appeal Rules, 2010
- Court of Appeal Rules, 2022
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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