Isaac Onyango & Company Advocates v Hakika Transport Services Limited (Civil Application E016 of 2023) [2024] KECA 33 (KLR) (26 January 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 33
- Citation
- [2024] KECA 33 (KLR)
- Decided
- 26 January 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication to mark as withdrawn the Notice of AppealCoramA. K. MURGOR, DR. K. I. LAIBUTA, G.V. ODUNGA
Holding
The respondent's Notice of Appeal is deemed withdrawn with costs to the applicant.
Facts
The applicant, Isaac Onyango & Company Advocates, sought orders that the respondent's Notice of Appeal be marked as withdrawn or struck out due to the respondent's failure to request typed and certified copies of the proceedings and to lodge the appeal within the appointed time.
Issues
- Withdrawal of the respondent's Notice of Appeal
- Procedural value of the respondent's Notice of Appeal
Reasoning
The respondent's application for an extension of time to file and serve its memorandum and record of appeal was dismissed, rendering the notice of appeal void.
Outcome
The respondent's Notice of Appeal is deemed withdrawn with costs to the applicant.
Orders
- The respondent's Notice of Appeal is deemed withdrawn with costs to the applicant.
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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