HFC Limited v Kinyanjui (Civil Application E103 of 2023) [2025] KECA 893 (KLR) (7 March 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 893
- Citation
- [2025] KECA 893 (KLR)
- Decided
- 7 March 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication to strike out Notice of AppealCoramF. Wangari, GW Ngenye-Macharia, Gatembu
Holding
The Court strikes out the Notice of Appeal as it was served out of time.
Facts
HFC Limited filed a suit against Francis Kiarie Kinyanjui in the High Court at Mombasa. The High Court dismissed the suit on October 3, 2023. Kinyanjui filed a Notice of Appeal on October 11, 2023, which was served on HFC Limited on November 6, 2023, exceeding the 7-day service period.
Issues
- Whether the Notice of Appeal was served within the required time frame.
- Whether the Notice of Appeal is defective and should be struck out.
Reasoning
The Notice of Appeal was served 13 days after it was filed, which is beyond the 7-day service period. The Court exercised its discretion to strike out the Notice of Appeal due to the failure to comply with the procedural rules.
Outcome
The Notice of Appeal is struck out with costs awarded to the applicant.
Orders
- The Notice of Appeal dated 11th October 2023 and filed on 17th October 2023 in Mombasa High Court Civil Suit No 58 of 2019 is struck out with costs awarded to the applicant.
Remedies
- Costs awarded to the applicant.
Authorities cited
Legislation (2)
- Court of Appeal Rules, 2022
- Civil Procedure Rules
Cases cited (2)
- Standard Ltd & another v Onchieku (Civil Application 134 of 2019) [2023] KECA 1275 (KLR)
- Mukenya Ndunda v Crater Automobiles Limited [2015] 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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