Bell Atlantic Communications Limited v Ephraim Maina Rwingo [2021] KEHC 4275 (KLR)
- Court
- High Court of Kenya
- Case number
- 4275
- Citation
- [2021] KEHC 4275 (KLR)
- Decided
- 29 April 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks to strike out the Respondent's Memorandum of AppealCoramHonourable Judge
Holding
The Memorandum of Appeal cannot be struck out before any directions have been given
Facts
The Respondent filed a Memorandum of Appeal on January 11, 2019, and the Appellant did not set the appeal for direction within 21 days as required by the Civil Procedure Rules.
Issues
- Whether the Memorandum of Appeal should be struck out
- Whether the Civil Procedure Rules were followed
Reasoning
The Civil Procedure Rules require the appellant to list the appeal for directions within 21 days after filing the appeal. The Appellant did not comply with this requirement.
Outcome
The application to strike out the Memorandum of Appeal is dismissed
Orders
- The Memorandum of Appeal cannot be struck out before any directions have been given
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.
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