Kenyatta National Hospital v Muthungu (Civil Appeal (Application) E594 of 2021) [2025] KECA 270 (KLR) (21 February 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 270
- Citation
- [2025] KECA 270 (KLR)
- Decided
- 21 February 2025
The application is dismissed as incompetent due to the applicant's failure to take the appropriate action timeously.
Facts
Kenyatta National Hospital filed an appeal against a judgment in HC. Civil Suit No. 364 of 2010. The respondent, Muthungu, filed the notice of appeal on 17th July 2020, but did not file the record of appeal until 4th October 2021, which was 8 months out of time. The applicant argued that the record of appeal was filed out of time and without leave of the court.
Issues
- Whether the record of appeal was filed out of time and without leave of the court.
- Whether the applicant violated the mandatory provisions of rule 84 of the Court's Rules by filing the application to strike out the record of appeal outside the 30 days' period from the date of service of the same.
Reasoning
The notice of appeal and record of appeal were filed out of time and without leave of the court. The applicant violated the mandatory provisions of rule 84 of the Court's Rules by filing the application to strike out the record of appeal outside the 30 days' period from the date of service of the same.
Outcome
Application dismissed
Orders
- Application to strike out the record of appeal is dismissed
Authorities cited
Legislation (1)
- Rule 84 of the Court's Rules
Cases cited (2)
- Salama Beach Hotel Limited & 4 Others vs Kenyariri & Associates Advocates & 4 Others [2016] eKLR
- William Mwangi Ngaruki vs Barclays Bank of Kenya Limited [2014] eKLR
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