Fourteen Falls Limited v Wanjiku & another (Civil Application E057 of 2023) [2024] KECA 194 (KLR) (23 February 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 194
- Citation
- [2024] KECA 194 (KLR)
- Decided
- 23 February 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication to strike out the Notice of AppealCoramGV ODUNGA, P NYAMWEYA, DR. K. I. LAIBUTA
Holding
The 1st respondent's notice of appeal is deemed to have been withdrawn pursuant to rule 85 of the Court of Appeal Rules.
Facts
The applicant (Fourteen Falls Limited) filed an application to set aside an ex-parte judgment in default entered against it on 3rd December 2019. The 1st respondent (Beth Wanjiku) subsequently filed a notice of appeal against the ruling of the ELC.
Issues
- Whether the 1st respondent's notice of appeal was served within the prescribed time limit
- Whether the 1st respondent's notice of appeal was served on the applicant within the prescribed time limit
Reasoning
The Court found that the 1st respondent's notice of appeal was served out of time and without leave, rendering it incompetent. The Court applied the deeming provision under Rule 85 to strike out the notice of appeal.
Outcome
The 1st respondent's notice of appeal is deemed to have been withdrawn.
Orders
- The 1st respondent's notice of appeal is deemed to have been withdrawn pursuant to rule 85 of the Court of Appeal Rules.
Remedies
- Each party shall bear their costs of the Motion.
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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