Cloy & 2 others v Kiniaru (Substituted by Hiram Warui Ndirangu) (Civil Application E055 of 2024) [2025] KECA 943 (KLR) (23 May 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 943
- Citation
- [2025] KECA 943 (KLR)
- Decided
- 23 May 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication to strike out and/or deem as withdrawn the notice of appealCoramJ. LESIIT, JUDGE OF APPEAL ALI-ARONI, G.V. ODUNGA
Holding
The application is allowed with costs awarded to the applicant.
Facts
The applicants filed a notice of appeal against a judgment in the High Court, but failed to initiate the appeal within the prescribed 60-day period. The respondent did not serve the applicants with a letter requesting the proceedings as required by Rule 84(2) of the rules.
Issues
- Whether the notice of appeal should be deemed withdrawn due to non-initiation of the appeal within the prescribed time frame.
- Whether the applicants should be awarded costs due to the respondent's failure to initiate the appeal.
Reasoning
The court deems the notice of appeal withdrawn due to the failure to initiate the appeal within the prescribed 60-day period and the lack of communication with the respondent.
Outcome
Application allowed with costs awarded to the applicant.
Orders
- The notice of appeal is deemed withdrawn.
- Costs awarded to the applicant.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules 2010
Cases cited (1)
- Kibunja vs. Kirweya (supra)
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.
Loading judgment…