Kenya National Highways Authority v Weighbridge & 2 others (Civil Application E010 of 2024) [2024] KECA 704 (KLR) (21 June 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 704
- Citation
- [2024] KECA 704 (KLR)
- Decided
- 21 June 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file an appeal out of timeCoramHA OMONDI, Musyoka, W. Musyoka
Holding
The application is incompetent and the applicant is directed to file separate appropriate applications.
Facts
Kenya National Highways Authority filed a Notice of Appeal on 20th August 2022 against the judgment of Musyoka, J. in Kakamega Misc. Criminal Application No. 58 of 2015. The judgment awarded Thelmax Contractors Limited general damages of Kshs.3,000,000/- and special damages of Kshs.5,000,000/-.
Issues
- Whether the Notice of Appeal was properly filed
- Whether the applicant was aggrieved by the judgment and had the right to appeal
- Whether the applicant was aware of the judgment and the pending rulings
- Whether the applicant was a government agency and the applicable law for filing the appeal was the Government Proceedings Act
- Whether the application was competent and should be heard by a full bench
Reasoning
The application seeks to extend time to file an appeal out of time and to stay proceedings pending hearing and determination of the appeal. The court declines to grant the prayers due to incompetence and directs the applicant to file separate appropriate applications.
Outcome
The application is dismissed.
Orders
- The applicant is directed to file separate appropriate applications.
- Costs to the respondent.
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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