Khonde & another v Ngomeni Swimmers Ltd (Civil Appeal (Application) E013 of 2024) [2025] KECA 1859 (KLR) (24 October 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1859
- Citation
- [2025] KECA 1859 (KLR)
- Decided
- 24 October 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication to strike out the Memorandum and Record of AppealCoramP. NYAMWEYA, DR. K. I. LAIBUTA, G. W. NGENYE-MACHARIA
Holding
The application to strike out the memorandum and record of appeal is dismissed.
Facts
The applicants, Tabu Tuva Khonde and Kahindi Kaingu Ngonda, sought orders to strike out the respondent's memorandum of appeal and the entire record of appeal filed on the same date, as well as their notice of appeal and costs.
Issues
- Whether the respondent's notice of appeal was lodged within the required time frame.
- Whether the record of appeal was filed within the required time frame.
- Whether the respondent's notice of appeal was accompanied by a court filing fee receipt.
Reasoning
The court found that the notice of appeal was lodged within the required time frame and that the record of appeal was filed within the required time frame.
Outcome
The application to strike out the memorandum and record of appeal is dismissed.
Orders
- The application to strike out the memorandum and record of appeal is dismissed.
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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