Loita Development Limited v Keke & another (Civil Application E091 of 2021) [2023] KECA 707 (KLR) (9 June 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 707
- Citation
- [2023] KECA 707 (KLR)
- Decided
- 9 June 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication to strike out Notice of AppealCoramGV ODUNGA, JUDGE OF APPEAL, Kiage
Holding
The Notice of Appeal is struck out as the Respondents failed to take an essential step within the prescribed time.
Facts
The Respondents filed a Notice of Appeal on October 5, 2021, dissatisfied with the judgment of the Environment and Land Court. However, the Notice of Appeal was served outside the prescribed 7-day period.
Issues
- Procedural rules and their strict adherence
- Timeliness of filing a Notice of Appeal
Reasoning
The court emphasized the importance of adhering to procedural rules and the need for timely action. The court found that the Respondents did not take any remedial steps to extend the time for serving the Notice of Appeal.
Outcome
The Notice of Appeal is struck out.
Orders
- The Notice of Appeal is struck out
Authorities cited
Cases cited (4)
- Sukwinder Singh Jutley v. Prudential Association Co of Kenya Ltd & Another Civil Appeal (Application) No 62 of 2004
- Chelashaw v Attorney General & Another [2005] 1 EA 33
- Onjula Enterprises Ltd v Sumaria [1986] KLR 651
- Taracisio Githaiga Ruithibo v Mbuthia Nyingi Civil Appeal No 21 of 1982; [1984] KLR 505
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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