M'Kwiriga v Gatembo & another (Civil Appeal (Application) E148 of 2024) [2025] KECA 999 (KLR) (27 May 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 999
- Citation
- [2025] KECA 999 (KLR)
- Decided
- 27 May 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to strike out appeal for being filed out of timeCoramS. OLE KANTAI, J. LESIIT, ALI-ARONI
Holding
The appeal is incompetent and is struck out with costs to the applicants.
Facts
The appeal was filed against the decision of the High Court of Kenya at Meru, delivered on 5th August 2022 in HC. Succession Cause No. 184 of 2004, and was filed on 9th August 2024.
Issues
- Whether the appeal was filed out of time.
- Whether the respondent obtained leave to file an appeal to this Court.
Reasoning
Counsel for the respondent admitted that no leave was obtained to file an appeal and that the record of appeal was filed out of time. The letter bespeaking proceedings was not copied to counsel for the applicants.
Outcome
The appeal is struck out with costs to the applicants.
Orders
- The appeal is struck out with costs to the applicants.
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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