Company for Habitat and Housing in Africa (Shelter Afrique) v Sunset Paradise Apartments Limited (Civil Appeal (Application) E131 of 2022) [2024] KECA 30 (KLR) (26 January 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 30
- Citation
- [2024] KECA 30 (KLR)
- Decided
- 26 January 2024
The appeal is struck out as it was filed in contravention of the mandatory timelines prescribed under rule 84 of the 2022 Rules of the Court of Appeal.
Facts
The respondent, Shelter Afrique, filed an appeal against the judgment and decree of the High Court of Kenya at Mombasa. The applicant, Sunset Paradise Apartments Limited, sought to strike out the appeal on various grounds.
Issues
- timeliness of appeal filing
- jurisdiction of the Court
Reasoning
The Court found that the respondent's appeal was filed nineteen months after the delivery of certified copies of the proceedings, judgment, and decree, which was beyond the prescribed sixty-day period. The Court also noted the mandatory nature of rule 84 and the importance of timely filing for the proper administration of justice.
Outcome
The appeal is struck out with costs to the applicant.
Orders
- The appeal is struck out pursuant to rule 86 of the 2022 Rules of the Court of Appeal
Authorities cited
Legislation (2)
- Court of Appeal Rules, 2010
- Court of Appeal Rules, 2022
Cases cited (4)
- Munir Abubakar Masud vs. Ali Abdala Salim & Another [2018] eKLR
- Patrick Kiruja Kithinji vs. Victor Mugira Marete [2015] eKLR
- John Mutai Mwangi & 26 others vs. Mwenja Ngure & 4 others [2016] eKLR
- MAE Properties Limited vs. Joseph Kibe & Another [2017] eKLR
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