Anwar Mohammed Bayusuf Limited v Diamond Trust Bank (K) Limited (Civil Appeal (Application) E099 of 2024) [2025] KECA 762 (KLR) (9 May 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 762
- Citation
- [2025] KECA 762 (KLR)
- Decided
- 9 May 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureRespondent seeks to strike out the notice of appeal and the record of appealCoramFA OCHIENG, K. Magare, F. W. NGENYE-MACHARIA
Holding
The application is granted, and the record of appeal is struck out. The appellant is ordered to bear the cost of the application.
Facts
The appellant filed an application on 14th November 2023, which was dismissed by the High Court. The appellant then filed a notice of appeal on 4th April 2024, followed by a record of appeal on 22nd May 2024. The record of appeal was incomplete and did not comply with the Court of Appeal Rules.
Issues
- Incompetence of the record of appeal
- Non-compliance with Court of Appeal Rules
Reasoning
The record of appeal is deemed incompetent due to non-compliance with the Court of Appeal Rules, and the appellant is ordered to bear the cost of the application.
Outcome
The record of appeal is struck out
Orders
- The record of appeal is struck out
- The appellant is ordered to bear the cost of the application
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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