[2003] KECA 132 (KLR)
The Court found that the respondent failed to take any step after filing a Notice of Appeal, which was itself filed out of the prescribed time. The absence of any action to prosecute the intended appeal, coupled with the procedural irregularity of late filing, justified the striking out of the Notice of Appeal. The...
Source-derived case information.
- Citation
- [2003] KECA 132 (KLR)
- Parties
- Applicant: Charlotte Kamene Wandera; Respondent: Peter Mutende Wandera
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 90 of 2002
- Procedural Posture
- Civil Application / Application to Strike Out Notice of Appeal
- Outcome
- Notice of Appeal struck out with costs to the applicant.
- Judges
- RO Kwach, D Ole Keiwua
- Legal Topics
- Notice of Appeal, Striking Out Proceedings, Time Limits, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charlotte Kamene Wandera
Applicant
Peter Mutende Wandera
Respondent
Procedural Posture
Civil Application / Application to Strike Out Notice of Appeal
Legal Issues
- 1 Whether the Notice of Appeal filed by the respondent was out of time.
- 2 Whether the Notice of Appeal should be struck out for failure to take further steps.
Ratio Decidendi
The Court found that the respondent failed to take any step after filing a Notice of Appeal, which was itself filed out of the prescribed time. The absence of any action to prosecute the intended appeal, coupled with the procedural irregularity of late filing, justified the striking out of the Notice of Appeal. The Court exercised its discretion to strike out the Notice of Appeal and awarded costs to the applicant, including the costs of the application.
Court Disposition
Notice of Appeal struck out with costs to the applicant.
Orders
- The Notice of Appeal is struck out.
- The respondent shall pay the costs of the application.
Full Case Text
Judgment text and source record
23 paragraphs
IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, LAKHA & KEIWUA, JJ.A.) CIVIL APPLICATION NO. NAI. 90 OF 2002
BETWEEN
CHARLOTTE KAMENE WANDERA ..............................APPLICANT
AND
PETER MUTENDE WANDERA ..................................RESPONDENT
(An application to strike out a Notice of Appeal in an intended appeal from a Judgment of the High Court of Kenya at Nairobi (Justice Aganyanya) dated 2nd May, 2001
in
H.C.D.C. NO. 102 OF 1998) **************
RULING OF THE COURT
The respondent having failed to take any step after the filing of the Notice of Appeal (itself out of the prescribed time) the Notice of Appeal is struck out with costs including the costs of the application.
Made at Nairobi this 12th day of February, 200 3.
R.O. KWACH
.................
JUDGE OF APPEAL
A.A. LAKHA
..................
JUDGE OF APPEAL
M. KEIWUA
.................
JUDGE OF APPEAL
I certify that this is
a true copy of the original.
DEPUTY REGISTRAR