Rukunga v Remu Microfinance Bank Limited & 2 others (Civil Application E104 of 2021) [2024] KECA 1007 (KLR) (12 April 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 1007
- Citation
- [2024] KECA 1007 (KLR)
- Decided
- 12 April 2024
The Notice of Appeal is hereby struck out with costs awarded to the applicant against the 1st and 2nd respondents.
Facts
The applicant filed a suit against the respondents in the Magistrate's Court at Githongo, seeking to deregister a charge on a property registered without his spousal consent. The suit was dismissed, and the respondents appealed to the Environment and Land Court of Kenya (ELC). The ELC found merit in the appeal and allowed it, holding in favor of the applicant. The respondents then filed a Notice of Appeal, which was served out of time.
Issues
- Whether the Notice of Appeal was served out of time
- Whether the application to strike out the Notice of Appeal should be granted
Reasoning
The notice of appeal was served out of time, and there was no application for extension of time. The court allowed the application to strike out the notice of appeal.
Outcome
The Notice of Appeal is struck out.
Orders
- The Notice of Appeal is struck out
Remedies
- Costs awarded to the applicant against the 1st and 2nd respondents
Authorities cited
Legislation (2)
- Court of Appeal Rules 2022
- ELC Rules
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