Supernova Properties Limited v Kenya Ports Authority & 2 others (Civil Appeal (Application) E004 of 2023) [2025] KECA 1083 (KLR) (20 June 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1083
- Citation
- [2025] KECA 1083 (KLR)
- Decided
- 20 June 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to strike out the appealCoramGW NGENYE-MACHARIA, SCN, Sila Munyao, Sila Munyao
Holding
The Court of Appeal ruled that the 1st respondent had no automatic right of appeal against the impugned ruling absent leave of the superior court.
Facts
The 1st respondent (Kenya Ports Authority) was not served with summons for more than 15 years after the case was instituted, and no appearance was made by the 1st respondent.
Issues
- No appeal lies against the impugned ruling absent leave of the superior court.
- The 1st respondent's late appearance and lack of service on the 1st respondent
Reasoning
The Court considered the provisions of section 75(1) of the Civil Procedure Act and concluded that the 1st respondent did not have an automatic right of appeal.
Outcome
The appeal was struck out.
Orders
- To strike out the notice or the appeal, as the case may be, on the ground that no appeal lies and that the 1st respondent had no automatic right of appeal against the impugned ruling absent leave of the superior court.
Authorities cited
Legislation (3)
- Civil Procedure Act
- Civil Procedure Rules
- Court of Appeal Rules
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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