Isaac Onyango & Company Advocates v Hakika Transport Services Limited (Civil Application E015 of 2023) [2024] KECA 31 (KLR) (26 January 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 31
- Citation
- [2024] KECA 31 (KLR)
- Decided
- 26 January 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication to withdraw Notice of AppealCoramGV ODUNGA, L. Ndolo, Lesiit
Holding
The respondent's Notice of Appeal is deemed withdrawn pursuant to rule 85(1) of the Court of Appeal Rules, 2022.
Facts
The applicant, Isaac Onyango & Company Advocates, sought orders that the respondent's Notice of Appeal be marked as withdrawn or struck out with costs. The respondent, Hakika Transport Services Limited, opposed the application.
Issues
- Withdrawal of Notice of Appeal
- Procedural Compliance
Reasoning
The respondent failed to request typed and certified copies of the proceedings, and more than one-and-a-half years had passed since the notice of appeal was lodged. The court found the notice of appeal to be procedurally flawed and thus deemed it withdrawn.
Outcome
The respondent's Notice of Appeal dated October 5, 2021 and lodged on October 7, 2021 is hereby deemed as withdrawn.
Orders
- The respondent's Notice of Appeal is deemed withdrawn
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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