African Merchant Assurance Co. Limited v Janet Nyokabi Wanjiku & another [2017] KEHC 5150 (KLR)
- Court
- High Court of Kenya
- Case number
- 5150
- Citation
- [2017] KEHC 5150 (KLR)
- Decided
- 24 May 2017
The court rejects the insurers' appeal and orders that the status quo be maintained during the seven days allowed for the filing of the appeal
Facts
Herman Kiarie Mwaura and Janet Nyokabi Wanjiku sued Patrick Nyaga Ndabi in 2013 for damages in a road traffic accident. The insurers of the vehicle, African Merchant Assurance Co. Limited, filed defences in declaratory suits brought by the claimants, which were later struck out. The insurers then sought leave to file an appeal out of time and stay execution pending appeal.
Issues
- Whether the insurers' appeal can be filed out of time and stay execution pending appeal
- Whether the insurers' amended defence was struck out without their knowledge
Reasoning
The court holds that the filing of an appeal is a condition precedent to the exercise of the court's appellate jurisdiction and that the invocation of the jurisdiction must be preceded by the filing of an appeal or compliance with the procedure for filing appeal.
Outcome
The insurers' appeal is dismissed and the status quo is maintained
Orders
- Order that the status quo be maintained during the seven days allowed for the filing of the appeal
Remedies
- Award of costs to the respondents
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (2)
- Equity Bank -Vs- Westlink MBO Limited [2013] eKLR
- Balozi Housing Co-operative Society Limited -Vs- Captain Francis E. K. Hinga [2012] eKLR
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