[2003] KECA 138 (KLR)
The court found that the respondent was notified on 11 January 2002 that the proceedings were ready, making 15 March 2002 the last day for filing the appeal. No appeal was filed by that date, nor has one been filed to date. The respondent's subsequent application for extension of time was not supported by any good...
Source-derived case information.
- Citation
- [2003] KECA 138 (KLR)
- Parties
- Applicant: Diana Wanjiru Munyi; Respondent: Gladys Wanjiru Munyi
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 345 of 2002
- Procedural Posture
- Civil Application / Ruling on Application to Strike Out Notice of Appeal
- Outcome
- Application to strike out notice of appeal granted with costs.
- Legal Topics
- Appeals, Notice of Appeal, Extension of Time, Striking Out Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Diana Wanjiru Munyi
Applicant
Gladys Wanjiru Munyi
Respondent
Procedural Posture
Civil Application / Ruling on Application to Strike Out Notice of Appeal
Legal Issues
- 1 Whether the notice of appeal should be struck out for failure to file the appeal within the prescribed time.
- 2 Whether there was any good reason for the delay in filing the appeal.
Ratio Decidendi
The court found that the respondent was notified on 11 January 2002 that the proceedings were ready, making 15 March 2002 the last day for filing the appeal. No appeal was filed by that date, nor has one been filed to date. The respondent's subsequent application for extension of time was not supported by any good reason for the delay. The court was not persuaded that there was any justification for the failure to file the appeal within the prescribed time. Consequently, the court granted the application to strike out the notice of appeal as prayed, with costs to the applicant.
Court Disposition
Application to strike out notice of appeal granted with costs.
Orders
- The notice of appeal lodged on 26 July 2000 is struck out.
- The applicant is awarded costs of the application.
Full Case Text
Judgment text and source record
19 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: KWACH, LAKHA & KEIWUA, JJ.A.)
CIVIL APPLICATION NO. NAI. 345 OF 2002
IN THE MATTER OF THE ESTATE OF THE LATE JULIUS MUNYI KAARA
BETWEEN DIANA WANJIRU MUNYI ........................................... APPLICANT
AND
GLADYS WANJIRU MUNYI .................................. RESPONDENT
RULING OF THE COURT
This is an application made underrule 80 of the Rules of this Court seeking to strike out a Notice of Appeal lodged on 26 July 2000 from the judgment of the superior court (Mulwa, J.) given on 14 July 2000.
The respondent's advocates were duly notified on11 January 2002that copies of the proceedings were ready thus making the 15th of March 2002 as the last day for filing the appeal. Yet no appeal was filed by that date. Nor has one been filed todate. Instead, an application was made on 14 March 2003 for an extension of time.
We are not persuaded that there is any good reason why the applicant's application to strike out should not be granted. Accordingly the application to strike out the notice of appeal succeeds. It is granted as prayed with costs.
Made at Nairobi this 7th day of April, 2003
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