[1999] KECA 77 (KLR)
The Court found that the appellants had failed to obtain an extension of time to file their appeal. As a result, the appeal was filed out of time and without the requisite leave of the court. The absence of leave rendered the appeal incompetent. The Court, therefore, ordered that the appeal be struck out with costs...
Source-derived case information.
- Citation
- [1999] KECA 77 (KLR)
- Parties
- Appellant: Samken Limited; Appellant: Abercrombie Kent Ltd; Respondent: Mercedes Sanchez Rau Tussel; Respondent: Mohammed Osman Maalim
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 103 of 1999
- Procedural Posture
- Civil Appeal / Order on Preliminary Objection Regarding Competence of Appeal
- Outcome
- Appeal struck out as incompetent for being filed out of time without leave.
- Legal Topics
- Extension of Time, Appeal Out of Time, Competence of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samken Limited
Appellant
Abercrombie Kent Ltd
Appellant
Mercedes Sanchez Rau Tussel
Respondent
Mohammed Osman Maalim
Respondent
Procedural Posture
Civil Appeal / Order on Preliminary Objection Regarding Competence of Appeal
Legal Issues
- 1 Whether the appellants had obtained an extension of time to file their appeal out of time.
- 2 Whether the appeal filed without leave is competent.
Ratio Decidendi
The Court found that the appellants had failed to obtain an extension of time to file their appeal. As a result, the appeal was filed out of time and without the requisite leave of the court. The absence of leave rendered the appeal incompetent. The Court, therefore, ordered that the appeal be struck out with costs to the respondents, upholding the strict procedural requirement that appeals must be filed within the prescribed time limits or with proper leave for extension.
Court Disposition
Appeal struck out as incompetent for being filed out of time without leave.
Orders
- The appeal is struck out as incompetent.
- Costs of the appeal awarded to the respondents.
Full Case Text
Judgment text and source record
27 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: OMOLO, LAKHA & BOSIRE, JJ.A.
CIVIL APPEAL NO. 103 OF 1999
BETWEEN
SAMKEN LIMITEDABERCROMBIE
KENT LTD ...............................................................APPELLANTS
AND
MERCEDES SANCHEZ RAU TUSSEL
MOHAMMED OSMAN MAALIM .........................RESPONDENTS
(Being an appeal from the judgment & decree of the High Court of Kenya at Nairobi (Ringera J) dated 27th November, 1997
in
H.C.C.C. NO. 4231 OF 1992 (Consolidated with H.C.C.C. NOS. 4232, 4233 AND 4234 OF 1992)
************************* ORDER OF THE COURT
The appellants failed to obtain an extension of time to file their appeal out of time. That means that this appeal was filed out of time and without leave. It is, accordingly, incompetent and we order that it be and is hereby struck out with the costs thereof to the respondents.
Made at Nairobi this 1st day of October, 1999.
R. S. C. OMOLO
---------------
JUDGE OF APPEAL
A. A. LAKHA
---------------
JUDGE OF APPEAL
S. E. O. BOSIRE
---------------
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR