[2000] KECA 324 (KLR)
The Court held that the date of delivery of the decision is as stated in the ruling itself, which was 21 October 1999. The notice of appeal, having been filed on 5 November 1999, was therefore out of time. As a result, the intended appeal was rendered incompetent, and the application for an injunction under rule...
Source-derived case information.
- Citation
- [2000] KECA 324 (KLR)
- Parties
- Applicant: David Sopon Ole Loroma; Applicant: Maanta Ole Putaputa; Applicant: Maanta Ole Lepaso; Applicant: Daniel Monkoti Sabaya; Applicant: Ngina Kipoopo; Applicant: Taporu Masaine; Applicant: Raita Lenchoki; Applicant: Bartimaru also known as Ilpartimaru Group Ranch; Respondent: Lemono Ole Ntenkese; Respondent: Tupet Ole Murre alias Olkauet; Respondent: Samuel Ole Parashuru
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 323 of 1999
- Procedural Posture
- Miscellaneous Application / Ruling on Preliminary Objection
- Outcome
- application struck out as incompetent
- Legal Topics
- Notice of Appeal, Time Limits, Court of Appeal Rules, Preliminary Objection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Sopon Ole Loroma
Applicant
Maanta Ole Putaputa
Applicant
Maanta Ole Lepaso
Applicant
Daniel Monkoti Sabaya
Applicant
Ngina Kipoopo
Applicant
Taporu Masaine
Applicant
Raita Lenchoki
Applicant
Bartimaru also known as Ilpartimaru Group Ranch
Applicant
Lemono Ole Ntenkese
Respondent
Tupet Ole Murre alias Olkauet
Respondent
Samuel Ole Parashuru
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the notice of appeal was filed within the prescribed time limit under the Court of Appeal Rules.
- 2 Whether the discrepancy in the date of the decision as stated in the notice of appeal renders the appeal incompetent.
Ratio Decidendi
The Court held that the date of delivery of the decision is as stated in the ruling itself, which was 21 October 1999. The notice of appeal, having been filed on 5 November 1999, was therefore out of time. As a result, the intended appeal was rendered incompetent, and the application for an injunction under rule 5(2)(b) was struck out with costs.
Court Disposition
application struck out as incompetent
Orders
- The application filed by the applicants for an injunction under rule 5(2)(b) of the Rules of this Court is struck out with costs.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
COURT OF APPEAL AT NAIROBI
CIVIL MISC APPL 323 OF 99
BETWEEN
DAVID SOPON OLE LOROMA ............................. 1ST APPLICANT
MAANTA OLE PUTAPUTA ................................ 2ND APPLICANT
MAANTA OLE LEPASO .................................. 3RD APPLICANT
DANIEL MONKOTI SABAYA .............................. 4TH APPLICANT
NGINA KIPOOPO ...................................... 5TH APPLICANT
TAPORU MASAINE ..................................... 6TH APPLICANT
RAITA LENCHOKI ..................................... 7TH APPLICANT
BARTIMARU also known as
ILPARTIMARU GROUP RANCH ............................ 8TH APPLICANT
AND
LEMONO OLE NTENKESE ................................ 1ST RESPONDENT
TUPET OLE MURRE ALIAS OLKAUET ...................... 2ND RESPONDENT
SAMUEL OLE PARASHURU ............................... 3RD RESPONDENT
RULING OF THE COURT
One of the preliminary objections raised by the advocate for the respondent is that the notice of appeal is defective in that it refers to the date of the decision having been given on 22 October 1999. The ruling itself gives the date of the delivery as 21 October 1999 and, in our judgment, this prevails. Accordingly, the notice of appeal filed on 5 November, 1999 was out of time and renders the intended appeal incompetent.
In the circumstances, we are construed to strike out the application filed by the applicants for an injunction under rule 5(2)(b) of the Rules of this Court with costs.
Dated and delivered at Nairobi this 13th day of March, 2000.
A.M. AKIWUMI ....................
JUDGE OF APPEAL
A.A. LAKHA ...................
JUDGE OF APPEAL
E. OWUOR ....................
JUDGE OF APPEAL