N Harambee Co-operative Savings and Credit Society Limited v Toshike Construction Company Limited (Civil Appeal (Application) E536 of 2022) [2026] KECA 477 (KLR) (6 March 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 477
- Citation
- [2026] KECA 477 (KLR)
- Decided
- 6 March 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication to strike out memorandum of appeal and record of appealCoramLM NJUGUNA, JA
Holding
The application is partially allowed, granting leave to file an application to strike out the memorandum of appeal, record of appeal, and Notice of Appeal.
Facts
The respondent/applicant was served with a copy of the Notice of Appeal dated 17th January 2022, but it was not lodged and signed by the Deputy Registrar. The applicant claims that the appellant did not file a response to the application.
Issues
- Procedural irregularities in filing the Notice of Appeal
- Irremediable nature of the appeal due to the procedural iniquities
Reasoning
The Court considers the delay and the lack of a valid notice of appeal, finding that the procedural iniquities go to the core of the appeal.
Outcome
The application is partially allowed.
Orders
- Granting leave to file an application to strike out the memorandum of appeal, record of appeal, and Notice of Appeal.
- The applicant to file a separate application to strike out the pleadings within seven days from today.
- No orders as to 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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