Supeyo & another v Karingithe (Suing as the representative of the Estate of Karkise Ole Mosire & 2 others; Nyamemba (Interested Party) (Civil Application E254 of 2021) [2024] KECA 271 (KLR) (8 March 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 271
- Citation
- [2024] KECA 271 (KLR)
- Decided
- 8 March 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for the court to mark as withdrawn the Notice of AppealCoramD. K. MUSINGA, P. O. KIAGE, MUMBI NGUGI
Holding
The respondents' notice of appeal is deemed withdrawn, and the applicants are granted the orders sought.
Facts
The respondents failed to file the record of appeal within the prescribed time after the trial court delivered its judgment. The trial court's proceedings were available since February 2021.
Issues
- Whether the respondents' notice of appeal should be deemed withdrawn
- Whether the respondents' failure to file the record of appeal justifies the withdrawal of the notice of appeal
Reasoning
The respondents have not filed the record of appeal since the judgment was delivered in December 2019, and the trial court's proceedings have been available since February 2021. Given the respondents' failure to file the record of appeal for more than three years, the notice of appeal is deemed withdrawn.
Outcome
The respondents' notice of appeal is deemed withdrawn.
Orders
- The respondents shall bear the costs of the said application.
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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