Awadh & 3 others v Abubakar (Civil Application 34 of 2018) [2023] KECA 497 (KLR) (12 May 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 497
- Citation
- [2023] KECA 497 (KLR)
- Decided
- 12 May 2023
The Notice of Appeal is deemed withdrawn due to the Appellants' inaction since the filing of the Notice of Appeal on October 24, 2016.
Facts
The Appellants filed a Notice of Appeal on October 24, 2016, but did not file their Record of Appeal within 60 days as required by Rule 82 of the Court of Appeal Rules of 2010. The Respondent filed a Notice of Motion on March 20, 2018, seeking to strike out the Notice of Appeal.
Issues
- Whether the Notice of Appeal was filed within the prescribed time
- Whether the Appellants are entitled to rely on Rule 82(1) to exclude time taken in the preparation of proceedings
Reasoning
The Court found that the Appellants failed to file their Record of Appeal within the required 60 days, and that the Appellants were not entitled to rely on Rule 82(1) to exclude time taken in the preparation of proceedings. The Court exercised its discretion to deem the Notice of Appeal withdrawn under Rule 83 of the Court of Appeal Rules 2010.
Outcome
The Notice of Appeal is deemed withdrawn.
Orders
- The Notice of Appeal is deemed withdrawn.
- No order as to costs.
Authorities cited
Legislation (2)
- Court of Appeal Rules of 2010
- Court of Appeal Rules of 2022
Cases cited (4)
- Justus Aloo Ogeka & 6 Others vs Kenya Union Of Commercial Food And Allied Workers & 2 Others [2018] eKLR
- Bivac International vs Chieni Enterprises Limited & Another (2015] eKLR
- Mae Properties Limited vs Joseph Kibe & Another [2017] eKLR
- Hamisi Omar Juma, Mwamuyee Dau Ngala, Mwalumbi Mwangata & 150 Others vs Sheileen Chandra Narottam Shah 2 Others, Mombasa Civil Application 1 of 2018
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