Kandie & another v Kapkoros & another (Civil Application E047 of 2023 & E048 of 2024 (Consolidated)) [2024] KECA 700 (KLR) (7 June 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 700
- Citation
- [2024] KECA 700 (KLR)
- Decided
- 7 June 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication to strike out Notice of AppealCoramS. ole KANTAI, F. OCHIENG, W. KORIR
Holding
The Notice of Appeal is struck out with costs to Elizabeth
Facts
Philomena Kandie and Elizabeth Kapkoros had a succession dispute in the High Court. Philomena filed a Notice of Appeal out of time, which Elizabeth sought to strike out.
Issues
- Whether the Notice of Appeal was filed out of time
- Whether the Notice of Appeal was served out of time
Reasoning
The Notice of Appeal was filed and served out of the prescribed time, making it incompetent.
Outcome
The Notice of Appeal is struck out
Orders
- The Notice of Appeal is struck out with costs to Elizabeth
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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