Rentworks East Africa Limited v Simon (Civil Application E027 of 2024) [2024] KECA 1040 (KLR) (26 July 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 1040
- Citation
- [2024] KECA 1040 (KLR)
- Decided
- 26 July 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication to strike out notice of appealCoramW. KARANJA, LK KIMARU, AO MUCHELULE
Holding
The notice of appeal is struck out with costs to the applicant.
Facts
Rentworks East Africa Limited filed an application to strike out the notice of appeal dated 28th February, 2024, in Chuka High Court, Civil Appeal No. E010 of 2020. The notice of appeal was filed by Jennifer Kinya Simon on 29th February 2024.
Issues
- Whether the notice of appeal was filed within the stipulated period of fourteen (14) days.
- Whether the respondent sought leave of the court before filing the notice of appeal out of time.
Reasoning
The notice of appeal was filed beyond the fourteen (14) days stipulated by the Court of Appeal Rules 2022, and no leave of the court was sought.
Outcome
Striking out the notice of appeal
Orders
- The notice of appeal is struck out with costs to the applicant.
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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