Charles Kitwi v Peter Ngola Mutua (Civil Appeal 358 of 2018) [2020] KEHC 2998 (KLR) (Civ) (29 September 2020) (Ruling)
- Court
- High Court of Kenya
- Case number
- 2998
- Citation
- [2020] KEHC 2998 (KLR)
- Decided
- 29 September 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
Typecivil appealPostureRespondent seeks to strike out the Appellant's Memorandum of AppealCoramJ. KAMAU
Holding
The Respondent's application to strike out the Appellant's Memorandum of Appeal is dismissed
Facts
The Appellant filed his Memorandum of Appeal on 3 August 2018, but did not take any further action. The Respondent claimed prejudice due to the delay and sought to strike out the appeal.
Issues
- Whether the Appellant's Memorandum of Appeal should be struck out due to delay
- Whether the Respondent's application was premature
Reasoning
The court found the application not merited and dismissed it, directing the Appellant to file and serve his Record of Appeal within 120 days.
Outcome
Appeal dismissed
Orders
- Appellant to file and serve Record of Appeal within 120 days
- If not filed, appeal will stand as automatically dismissed
- Registrar to facilitate typing of proceedings and placing of lower court file within 90 days
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.
Loading judgment…