Ochieng v Awanad Enterprises Limited & 2 others (Civil Appeal (Application) E054 of 2021) [2025] KECA 757 (KLR) (9 May 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 757
- Citation
- [2025] KECA 757 (KLR)
- Decided
- 9 May 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication for extension of time to seek leave and to file the Record of AppealCoramSG KAIRU, JA
Holding
The Court found that without leave, the record of appeal was served six months later after it was filed, rendering the appeal incompetent and struck it out with costs.
Facts
The applicant's original suit was struck out by the ELRC on the grounds of being time barred. The applicant then filed Civil Appeal No. E054 of 2021, and the respondents applied to strike out the appeal on grounds of incompetence.
Issues
- Whether the applicant is entitled to seek leave to file the record of appeal out of time
- Whether the applicant is entitled to seek leave to file an application out of time for leave to appeal the ruling of the ELRC
Reasoning
The Court ruled that the appeal was incompetent due to being filed and served out of time, and thus struck out the appeal.
Outcome
The appeal was struck out with costs.
Orders
- The appeal was struck out with costs
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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