Doorsun Consulting Limited v Kenya Pipeline Company Limited (Civil Appeal (Application) E302 of 2024) [2024] KECA 1686 (KLR) (22 November 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 1686
- Citation
- [2024] KECA 1686 (KLR)
- Decided
- 22 November 2024
The applicant is not entitled to a stay of execution of the decree or extension of time to file an appeal due to non-compliance with the requirements of rule 84(1) and (2) of the Court of Appeal Rules.
Facts
Doorsun Consulting Limited filed an appeal against the High Court's judgment dismissing its suit with costs. The High Court issued a notice of appeal and a request for certified copies of the proceedings, but the request was not properly uploaded on the court's e-filing portal. The High Court later issued a certificate of delay.
Issues
- Whether the applicant is entitled to a stay of execution of the decree and extension of time to file an appeal
- Whether the applicant can benefit from the certificate of delay issued by the High Court
Reasoning
The applicant did not comply with the requirement for service on the respondent of the letter bespeaking proceedings under rule 84(1). Therefore, it was not entitled to benefit from the certificate of delay under rule 84(2).
Outcome
Application dismissed with costs to the respondent.
Authorities cited
Legislation (2)
- Court of Appeal Rules, 2022
- Rules of this Court
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