Thabu Kaluma Ngete (Suing as the Legal Representative of the Estate of Katan Masha (Deceased) v Robinson Investment Limited [2020] KEHC 206 (KLR)
- Court
- High Court of Kenya
- Case number
- 206
- Citation
- [2020] KEHC 206 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureRespondent's Motion to Strike Out AppealCoramMumbua T. Matheka
Holding
The appeal was filed in time, and the record was on file. The application to strike out the appeal is denied.
Facts
The appellant filed a Memorandum of Appeal on October 10, 2016, and a Record of Appeal on March 7, 2019. The respondent objected to the taking of directions due to the late filing of the appeal.
Issues
- Whether the appeal was filed out of time and without leave
- Whether the appellant has lost interest in the appeal
- Whether the continued pendency of the suit has been prejudicial to the respondent
Reasoning
The appeal was filed within the prescribed time, and the record was filed after the appeal. The appellant did not have the proceedings before him, and the delay was not inexcusable.
Outcome
The appeal is admitted for hearing.
Orders
- The application to strike out the appeal is denied.
- The matter is directed to be heard in compliance with Section 79B and C of the Civil Procedure Act.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules 2010
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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