Achola v Onyango (Civil Application E041 of 2024) [2025] KECA 638 (KLR) (4 April 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 638
- Citation
- [2025] KECA 638 (KLR)
- Decided
- 4 April 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeApplication for striking out Notice of AppealPostureApplication for striking out Notice of Appeal filed by the AppellantCoramLK KIMARU
Holding
The Notice of Appeal is struck out due to late service
Facts
The Respondent filed a Notice of Appeal on November 1, 2022, but failed to serve it upon the Appellant within seven days as required by the Court of Appeal Rules. The Appellant claims the Notice of Appeal was incompetent due to late service.
Issues
- Whether the Notice of Appeal was served within the required time frame
- Whether the Respondent's failure to serve the Notice of Appeal was due to procedural technicalities beyond his control
Reasoning
The Court found that the Notice of Appeal was served approximately one year and five months after it was lodged, which was beyond the required time frame. The Court also noted that the Respondent did not seek an extension of time.
Outcome
The Notice of Appeal is struck out
Orders
- The Notice of Appeal is struck out
Remedies
- The Appellant will have costs of the motion
Authorities cited
Legislation (2)
- Court of Appeal Rules
- Appellate Jurisdiction Act
Cases cited (3)
- Mwawasi v Shako (Civil Application E053 of 2023) [2024] KECA 632 (KLR) (7 June 2024)
- Sukwinder Singh Jutley v Prudential Association Co. of Kenya Ltd & Another Civil Appeal (Application) No. 62 of 2004
- Nicholas Kiptoo Arap Korir Salat v. Independent Electoral and Boundaries Commission & 7 others [2014] eKLR
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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