Local Authorities Provident Fund Board of Trustees v Attorney General & 168 others (Civil Appeal (Application) E182 of 2023) [2024] KECA 276 (KLR) (8 March 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 276
- Citation
- [2024] KECA 276 (KLR)
- Decided
- 8 March 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to strike out the appealCoramSG Kairu, SG
Holding
The application to strike out the appeal is granted
Facts
The notice of appeal was filed on January 25, 2023, and entrusted to Alex Kimele Mwanzi for service. Mwanzi served some parties but not all. The 6th respondent requested a copy of the notice on April 5, 2023, prompting Ngatia to send the notice by email to all parties. Andrew Onyango attempted to verify service but found that Mwanzi had only served four parties before his uncle's sudden death.
Issues
- Whether the notice of appeal was properly served
- Whether the extension of time for service was justified
Reasoning
The notice of appeal was not properly served as Mwanzi failed to serve all parties due to his uncle's death. The extension of time for service was not justified.
Outcome
Application granted
Orders
- Application to strike out the appeal is granted
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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