China Tech International Corp v Sakima Investment Sarl (Civil Application E070 of 2023) [2024] KECA 543 (KLR) (24 May 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 543
- Citation
- [2024] KECA 543 (KLR)
- Decided
- 24 May 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureRespondent appeals from the High Court's judgment and decree recognizing and enforcing an arbitration award.CoramA. K. MURGOR, DR. K. I. LAIBUTA, G. V. ODUNGA
Holding
The respondent's notice of appeal is struck out with costs to the applicant.
Facts
The High Court allowed the applicant's application to recognize and enforce an arbitration award against the respondent. The respondent gave notice of appeal, but the applicant sought to strike out the notice of appeal due to its untimely service.
Issues
- Whether the respondent's notice of appeal was timely served.
- Whether the applicant's motion to strike out the notice of appeal should be granted.
Reasoning
The Court found that the notice of appeal was served out of time, and the applicant's motion to strike it out was timely filed.
Outcome
The respondent's notice of appeal is struck out.
Orders
- The respondent's notice of appeal is struck out with costs to the applicant.
Authorities cited
Cases cited (3)
- MAE Properties Limited v Joseph Kibe & Another [2017] eKLR
- Mistry Premji Ganji Investments Limited v. KENHA [2019] eKLR
- Nyaribari & Another v. Kenya Alliance Co. Ltd. [2022]KECA 696 (KLR)
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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