Yusuf & another v Kikuvi & another (Civil Application E001 of 2022) [2023] KECA 689 (KLR) (26 May 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 689
- Citation
- [2023] KECA 689 (KLR)
- Decided
- 26 May 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to strike out Notice of Appeal, Memorandum of Appeal and Record of AppealCoramP NYAMWEYA, JW LESSIT, GV ODUNGA
Holding
The Notice of Appeal, Memorandum of Appeal, and Record of Appeal are hereby struck out.
Facts
The 1st Respondent lodged a Notice of Appeal and Memorandum of Appeal in a previous case, but did not serve the Notice of Appeal on the Applicants within the prescribed time. The Applicants sought to strike out these documents.
Issues
- Whether the Notice of Appeal and Memorandum of Appeal were filed and served out of time
- Whether the delay in filing and serving the documents was prejudicial to the Applicants
Reasoning
The Applicants' application is supported by the averment that the Notice of Appeal and Memorandum of Appeal were filed and served out of time without leave of court, and that the delay was prejudicial to the Applicants.
Outcome
The application is granted.
Orders
- The Notice of Appeal, Memorandum of Appeal, and Record of Appeal are struck out.
- No order as to costs
Authorities cited
Cases cited (2)
- Martin Kabaya vs David Mungania Kiambi, Nyeri Civil Application No 12 of 2015
- Mae Properties Limited vs Joseph Kibe & another [2017] eKLR
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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