[2001] KECA 116 (KLR)
The Court found that the respondents, having received the proceedings and ruling on 15th May 2000, failed to lodge the appeal within the prescribed time. This omission constituted a failure to take an essential step in the appellate process as required by the Court of Appeal Rules. Consequently, the Court granted...
Source-derived case information.
- Citation
- [2001] KECA 116 (KLR)
- Parties
- Applicant: Alson Retreading Co. Ltd.; Applicant: Abdulmalik Fazal Lakha; Respondent: Sadrudin Fazal Lakha; Respondent: Azizudin Fazal Lakha; Respondent: Stan Luchebeleli; Respondent: Kalamka Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application 296 of ??
- Procedural Posture
- Civil Application / Application to Strike Out Notice of Appeal
- Outcome
- application granted; notice of appeal struck out
- Legal Topics
- Notice of Appeal, Striking Out Proceedings, Time Limits for Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alson Retreading Co. Ltd.
Applicant
Abdulmalik Fazal Lakha
Applicant
Sadrudin Fazal Lakha
Respondent
Azizudin Fazal Lakha
Respondent
Stan Luchebeleli
Respondent
Kalamka Limited
Respondent
Procedural Posture
Civil Application / Application to Strike Out Notice of Appeal
Legal Issues
- 1 Whether the notice of appeal should be struck out for failure to lodge the appeal within the prescribed time.
- 2 Whether an essential step in the appellate process was omitted by the respondents.
Ratio Decidendi
The Court found that the respondents, having received the proceedings and ruling on 15th May 2000, failed to lodge the appeal within the prescribed time. This omission constituted a failure to take an essential step in the appellate process as required by the Court of Appeal Rules. Consequently, the Court granted the application to strike out the notice of appeal, as the procedural requirements for progressing the appeal had not been met.
Court Disposition
application granted; notice of appeal struck out
Orders
- The notice of appeal lodged on 18th February, 2000 is struck out.
- The costs of this application are awarded to the applicants.
Full Case Text
Judgment text and source record
7 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEALAT KISUMU
CORAM: GICHERU, TUNOI & LAKHA, JJ.A.
CIVIL APPLICATION NO. NAI 296 OF 2000 (KSM. 52/2000)BETWEENALSON RETREADING CO. LTD.ABDULMALIK FAZAL LAKHA ..................... APPLICANTSSADRUDIN FAZAL LAKHAAZIZUDIN FAZAL LAKHAANDSTAN LUCHEBELELIKALAMKA LIMITED .................................... RESPONDENTS(An application to strike out the notice of appeal against a ruling & order of the High Court of Kenya at Kisumu (Wambilyangah J) dated 9th February, 2000 in KSM.H.C.C.C. NO. 257 OF 1999) ********************RULING OF THE COURT
The Notice of Appeal sought to be struck out was lodged and served on applicants on 18-2-2000. From the certificate of delay dated 15-5-2000 the respondents received copies of the proceedings and ruling on 15-5-2000. Todate no appeal has been lodged. Consequently, an essential step in the proceedings has not been taken within the prescribed time and in the result, we grant the applicant's application and strike out the Notice of Appeal lodged in this Court on 18th February, 2000. The costs of this application are awarded to the applicants.
Dated and delivered at Kisumu this 21st day of March, 2001. J. E. GICHERU---------------JUDGE OF APPEALP. K. TUNOI---------------JUDGE OF APPEALA. A. LAKHA---------------JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR