Waweru & another v Kinuthia (Civil Application E017 of 2022) [2023] KECA 476 (KLR) (12 May 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 476
- Citation
- [2023] KECA 476 (KLR)
- Decided
- 12 May 2023
The court found that the respondent did not comply with the requirements for an appeal and granted the application to withdraw the notice of appeal and award costs to the respondent.
Facts
The applicants, Michael Waweru and Phillisia Nyambura, filed an application seeking orders that the notice of appeal dated 6th November, 2017 and filed on 8th November, 2017 be deemed to have been withdrawn, and an order that the costs of and incidental to this application be awarded to the respondent.
Issues
- Whether the notice of appeal was properly filed and served.
- Whether the respondent has complied with the requirements for an appeal.
- Whether the court should grant the application to withdraw the notice of appeal and award costs to the respondent.
Reasoning
The court ruled that the respondent failed to file the record of appeal within the appointed time and did not apply for copies of proceedings or a certified copy of the judgment.
Outcome
The notice of appeal was deemed to have been withdrawn, and the costs of and incidental to the application were awarded to the respondent.
Orders
- The notice of appeal dated 6th November, 2017 and filed on 8th November, 2017 be deemed to have been withdrawn.
- The costs of and incidental to this application be awarded to the respondent.
Remedies
- Award of costs to the respondent.
Loading judgment…