Getonto v Bichage (Civil Application E132 of 2023) [2024] KECA 1842 (KLR) (20 December 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 1842
- Citation
- [2024] KECA 1842 (KLR)
- Decided
- 20 December 2024
The application is allowed with costs to be borne by the respondent due to the inordinate delay in effecting service of the Notice of Appeal and the respondent's failure to seek any orders to regularize the default.
Facts
The applicant filed a Notice of Motion dated 25th October, 2023 seeking to have the respondent's Notice of Appeal dated 2nd March, 2023 struck out. The respondent served the Notice of Appeal six months after it was filed.
Issues
- Whether the Notice of Appeal was served upon the applicant by the respondent as required by Rule 79 of the Court of Appeal Rules, 2022.
- Whether the Notice of Appeal dated 2nd March, 2023 should be struck out.
Reasoning
The Notice of Appeal was served six months after it was filed, which is outside the mandatory period of 7 days after lodging a notice of appeal. The respondent has not provided a plausible explanation for the delay and has not demonstrated why the service of the notice of appeal was within time.
Outcome
Application allowed with costs to be borne by the respondent
Orders
- The Notice of Appeal dated 2nd March, 2023 is struck out.
Authorities cited
Legislation (2)
- Court of Appeal Rules, 2022
- Rules of the Court
Cases cited (4)
- Kenya Industrial Estates Limited vs. Anne Chepsiror and 4 Others (2018) eKLR
- Chelashaw vs. Attorney General & Another [2005] 1 EA 33
- Onjula Enterprises Ltd vs. Sumaria [1986] KLR 651
- London Association for the Protection of Trade & Another vs. Greenlands Limited [1916] 2 AC 15
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