[2002] KECA 52 (KLR)
The Court found that the application for leave to appeal was not brought within the time prescribed by the Rules of the Court of Appeal. As a result, the application was deemed incompetent and was struck out. The Court made no order as to costs.
Source-derived case information.
- Citation
- [2002] KECA 52 (KLR)
- Parties
- Applicant: Dharam Pal Walia; Applicant: Vijay Veer Singh; Applicant: St. Micheal High School Nakuru Limited; Respondent: Anil Walia
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Application 399 of 2001
- Procedural Posture
- Civil Application / Application for Leave to Appeal
- Outcome
- application struck out as incompetent
- Legal Topics
- Leave to Appeal, Time Limits, Court Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dharam Pal Walia
Applicant
Vijay Veer Singh
Applicant
St. Micheal High School Nakuru Limited
Applicant
Anil Walia
Respondent
Procedural Posture
Civil Application / Application for Leave to Appeal
Legal Issues
- 1 Whether the application for leave to appeal was filed within the time limited by the Rules of the Court.
Ratio Decidendi
The Court found that the application for leave to appeal was not brought within the time prescribed by the Rules of the Court of Appeal. As a result, the application was deemed incompetent and was struck out. The Court made no order as to costs.
Court Disposition
application struck out as incompetent
Orders
- The application is struck out for being incompetent, not having been brought within the time limited by the Rules of the Court.
- No order as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAKURU
(CORAM: KWACH, OMOLO & BOSIRE, JJ.A.)
CIVIL APPLICATION NO. NAI. 399 OF 2001
BETWEEN
DHARAM PAL WALIA
VIJAY VEER SINGH
ST. MICHEAL HIGH SCHOOL
NAKURU LIMITED ........... APPLICANTS
AND
ANIL WALIA ................... RESPONDENT(Application for leave to appeal from a ruling of the High Court of Kenya at Nakuru
(Rimita, J
H.C.C.C. NO. 187 OF 2000
ORDER OF THE COURT
The application is incompetent not having been brought within the time limited by the Rules of this Court. It is accordingly struck out with no order as to costs.
Made at Nakuru this 26th day of September, 2002.
R. O. KWACH...............JUDGE OF APPEALR. S. C. OMOLO..............JUDGE OF APPEALS. E. O. BOSIRE..............JUDGE OF APPEALI certify that this is a true copy of the original.DEPUTY REGISTRAR