[1998] KECA 202 (KLR)
The Court found that the record of appeal was filed out of time, as there was a clear delay between the collection of certified copies of proceedings and judgment and the actual filing of the record. The rules require strict adherence to timelines for filing appeals, and the appellants failed to comply....
Source-derived case information.
- Citation
- [1998] KECA 202 (KLR)
- Parties
- Appellant: Augustine Oduodo Amanga; Appellant: Karolus Ogendo Nyakwa (Suing as the Administrator of the Estate of Charles Gogo Awiti and Karilus Kaiko Okidi); Respondent: Peter Okolaochieng'
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- ? 52 of 1996
- Procedural Posture
- Civil Appeal / Ruling on Application to Strike Out Appeal
- Outcome
- Appeal struck out; no order as to costs.
- Judges
- JE Gicheru
- Legal Topics
- Appeal Timelines, Record of Appeal Filing, Striking Out Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Augustine Oduodo Amanga
Appellant
Karolus Ogendo Nyakwa (Suing as the Administrator of the Estate of Charles Gogo Awiti and Karilus Kaiko Okidi)
Appellant
Peter Okolaochieng'
Respondent
Procedural Posture
Civil Appeal / Ruling on Application to Strike Out Appeal
Legal Issues
- 1 Whether the appeal was filed within the prescribed time period.
- 2 Whether the delay in filing the record of appeal warranted striking out the appeal.
- 3 Whether costs should be awarded to the applicant upon striking out the appeal.
Ratio Decidendi
The Court found that the record of appeal was filed out of time, as there was a clear delay between the collection of certified copies of proceedings and judgment and the actual filing of the record. The rules require strict adherence to timelines for filing appeals, and the appellants failed to comply. Consequently, the appeal was incompetent and liable to be struck out. However, the Court exercised its discretion and declined to award costs to the applicant despite the success of the application to strike out the appeal.
Court Disposition
Appeal struck out; no order as to costs.
Orders
- The appeal is struck out.
- No order as to costs of the application.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT KISUMU
(CORAM: CHESONI, C.J. GICHERU & OMOLO, JJ.A.)
CIVIL APPEAL NO.52 OF 1996
BETWEEN
1. AUGUSTINE ODUODO AMANGA
2. KAROLUS OGENDO NYAKWA
(Suing as the Administrator of the Estate of CHARLES GOGO AWITI
and KARILUS KAIKO OKIDI)..........................APPELLANTS
AND
PETER OKOLAOCHIENG'.................................RESPONDENT
(Appeal from the Judgment of the High Court of Kenya at Kisumu (Justice Wambilyangah) dated 30th July, 1996 in
H.C.C.C. NO.138 OF 1995)
*****************
RULING OF THE COURT
This judgment appealed from was delivered on 30th July, 1996. Certified copies of the proceedings and judgment were paid for and collected on 17th October, 1996, but the record of appeal was not filed till 20th December, 1996. This was out of time. The application to strike out the appeal was filed on 24th March, 1998 but the appellant say that they were served on 25th March, 1998. We therefore order that the appeal be struck out but decline to award the applicant costs of the applilication.
Dated and delivered at Kisumu this 25th day of March, 1998.
Z.R. CHESONI
................
JUDGE OF APPEAL
J.E. GICHERU
...............
JUDGE OF APPEAL
R.S.C. OMOLO
...............
JUDGE OF APPEAL