Wangui & 4 others v NCBA Bank Kenya PLC (Civil Appeal (Application) E858 of 2023) [2024] KECA 1631 (KLR) (8 November 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 1631
- Citation
- [2024] KECA 1631 (KLR)
- Decided
- 8 November 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication for leave to file a notice of appeal and memorandum of appeal out of timeCoramM Ngugi, JA
Holding
The application is struck out with costs to the respondent
Facts
The appellants failed to file a notice of appeal within the required time, and the High Court ruled that the appeal was procedurally defective. The appellants now seek leave to file their notice of appeal out of time.
Issues
- Whether the appellants can file their notice of appeal out of time
- Whether the appeal is procedurally defective
Reasoning
The Court found the application to be based on an unprocedurally filed appeal and thus incompetent, and the applicants did not heed the directions given in a previous ruling.
Outcome
The application is struck out
Orders
- The application is struck out with costs to the respondent
Authorities cited
Cases cited (1)
- Equity Bank Limited vs. West Link Mbo Limited, Civil Application No. 78 of 2011 [213] 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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