Kamau & another v Waruingi & another (Civil Application E072 of 2022) [2024] KECA 1028 (KLR) (12 April 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 1028
- Citation
- [2024] KECA 1028 (KLR)
- Decided
- 12 April 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for striking out the Notice of AppealCoramJAMILA MOHAMMED, L. KIMARU, A. O. MUCHELULE
Holding
We hereby allow the applicants' application to strike out the respondents’ notice of appeal dated 15th June, 2022, for contravening the provisions of Rule 77 of the Rules of this Court.
Facts
The applicants filed a suit against the respondents before the Environment and Land Court, which was dismissed. The respondents then filed a notice of appeal, which was served out of time.
Issues
- Whether the respondents' notice of appeal was served out of time
- Whether the applicants' application to strike out the respondents' notice of appeal should be granted
Reasoning
The notice of appeal was served out of time as it was not served within seven days after lodging the notice, as required by Rule 77 of the Rules of this Court. The applicants' application was filed within thirty days of service of the notice of appeal.
Outcome
The applicants' application to strike out the respondents' notice of appeal is granted.
Orders
- The respondents' notice of appeal dated 15th June, 2022, is struck out.
- The applicants will have costs of the application.
Authorities cited
Legislation (2)
- Rules of the then Court of Appeal Rules (2010)
- Rule 77 of the Rules of this Court's Rules
Cases cited (2)
- Patrick Kiruja Kithinji vs Victor Mugira Marete [2015] eKLR
- Nicholas Kiptoo Arap Korir Salat v. Independent Electoral and Boundaries Commission & 7 Others [2014] 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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