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Milligan Heritage Ltd & another v Anthony M.Mwaura [2014] KEHC 2730 (KLR)

[2014] KEHC 2730 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2730
Citation
[2014] KEHC 2730 (KLR)
Decided
6 October 2014
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the Kigumo Senior Resident Magistrates CourtCoramNgaah Jairus
Holding

The appeal is incompetent and is hereby struck out with costs.

Facts

A road traffic accident occurred on 2nd March, 2008, resulting in the death of the respondent's daughter. The 1st and 2nd appellants were found liable for the accident and awarded damages.

Issues

  1. Whether there is a competent appeal before court
  2. Whether the appellants failed to file the decree appealed from

Reasoning

The court found the appeal incompetent due to the failure to file the decree appealed from and the lack of a certificate of delay.

Outcome

The appeal is struck out with costs.

Orders

  • The appeal is struck out with costs.

Authorities cited

Legislation (2)
  • Civil Procedure Act
  • Civil Procedure Rules
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.
Full judgment 0.1 MB · PDF

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