Munguti & another v Simiyu & another (Suing as administrators of the Estate of Frank Mwasi Mwabaga (Deceased) (Civil Appeal (Application) E039 of 2023) [2024] KECA 340 (KLR) (22 March 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 340
- Citation
- [2024] KECA 340 (KLR)
- Decided
- 22 March 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication to strike out Notice of Appeal and Record of AppealCoramR. Nyakundi, F. Sichale, F. Ochieng, W. Korir
Holding
The application is granted, and the Notice of Appeal and Record of Appeal are struck out with costs.
Facts
The applicants filed an application to strike out the Notice of Appeal and Record of Appeal due to the respondents' failure to file and serve a notice of appeal, and other procedural irregularities.
Issues
- Whether the Notice of Appeal was properly filed and served
- Whether the respondents' right of appeal was waived by filing for review
- Procedural irregularities in obtaining a certificate of delay
Reasoning
The court found that the respondents failed to file and serve a notice of appeal, and their right of appeal was waived by filing for review. Additionally, the certificate of delay was obtained irregularly.
Outcome
The Notice of Appeal and Record of Appeal are struck out with costs.
Orders
- The Notice of Appeal and Record of Appeal are struck out with costs.
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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