UAP Insurance Company Limited v Summit Cove Lines Company Limited (Civil Application E105 of 2023) [2024] KECA 557 (KLR) (24 May 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 557
- Citation
- [2024] KECA 557 (KLR)
- Decided
- 24 May 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to serve the Notice of Appeal and lodge and serve the Record of Appeal out of timeCoramKI LAIBUTA
Holding
The court finds and holds that there is no notice of appeal properly on record, and thus has no jurisdiction to determine the applicant's Motion or grant any of the orders sought.
Facts
UAP Insurance Company Limited seeks extension of time to serve the Notice of Appeal and lodge the Record of Appeal against the ruling and orders of the High Court of Kenya at Mombasa dated 27th October 2023 in HCCC No. 43 of 2017.
Issues
- Whether the applicant has properly filed a notice of appeal
- Whether the court has jurisdiction to hear the application
Reasoning
The court held that the filing of a notice of appeal is a jurisdictional prerequisite and that the absence of a proper notice of appeal precludes the court from exercising its jurisdiction.
Outcome
The court dismissed the application.
Authorities cited
Cases cited (7)
- University of Eldoret and another vs. Hosea Sitienei and three others [2020] eKLR
- Nicholas Kiptoo Arap Korir Salat vs. Independent Electoral and Boundaries Commission and 7 others [2014] eKLR
- Apungu Arthur Kibira vs. Independent Electoral and Boundaries Commission and 2 others [2018] eKLR
- Jaldesa Tuke Dabelo vs. IEBC & Another [2015] eKLR
- Raila Odinga and 5 Others vs. IEBC & 3 Others [2013] eKLR
- Patricia Cherotich Sawe vs. IEBC & 4 Others [2015] eKLR
- City Chemist (NBI) Mohamed Kasabuli suing for and on behalf of the Estate of Halima Wamukoya Kasabuli vs. Orient Commercial Bank Limited Civil Appeal No. Nai 302 of 2008 (UR No. 199 of 2008) (Unreported)
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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