Chief Executive Officer, Institute of Certified Public Accountants (ICPAK) Kenya v Musa & another (Civil Application 34 of 2016) [2024] KECA 193 (KLR) (23 February 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 193
- Citation
- [2024] KECA 193 (KLR)
- Decided
- 23 February 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication to deem respondent's Notice of Appeal withdrawnCoramD. K. MUSINGA, DR. K. I. LAIBUTA, ALI-ARONI
Holding
The Notice of Appeal filed on 1st October 2015 is deemed withdrawn.
Facts
The 1st respondent filed a Notice of Appeal on 1st October 2015, but no appeal was filed within 60 days. The applicant sought to deem the Notice of Appeal withdrawn.
Issues
- Withdrawal of Notice of Appeal
- Time Limit for Filing Appeal
Reasoning
The 60-day period for filing an appeal expired on 1st December 2015, and the 1st respondent did not file an appeal within this period. Rule 83 of the repealed Court of Appeal Rules 2010 provides that a party who fails to file an appeal within the appointed time shall be deemed to have withdrawn the notice of appeal.
Outcome
The Notice of Appeal is deemed withdrawn.
Orders
- The Notice of Appeal filed on 1st October 2015 is deemed withdrawn.
- The 1st respondent shall bear the applicant’s costs arising from the service of the said notice.
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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