[2000] KECA 156 (KLR)
The Court found that Suncity Properties Limited, the first respondent, had filed a Notice of Appeal but had taken no steps to file the substantive appeal. In the absence of any action or appearance by the first respondent, and pursuant to rule 80 of the Court of Appeal Rules, the Court determined that the Notice of...
Source-derived case information.
- Citation
- [2000] KECA 156 (KLR)
- Parties
- Applicant: Dilip Kumar Premchand Shah; Applicant: Bhupendra Kumar Premchand Shah; Respondent: Suncity Properties Limited; Respondent: Intercom Insurance Ltd
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 305 of 1999
- Procedural Posture
- Miscellaneous Application / Application to Strike Out Notice of Appeal
- Outcome
- application allowed; notice of appeal struck out
- Legal Topics
- Notice of Appeal, Striking Out Proceedings, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dilip Kumar Premchand Shah
Applicant
Bhupendra Kumar Premchand Shah
Applicant
Suncity Properties Limited
Respondent
Intercom Insurance Ltd
Respondent
Procedural Posture
Miscellaneous Application / Application to Strike Out Notice of Appeal
Legal Issues
- 1 Whether the Notice of Appeal filed by the first respondent should be struck out for failure to take steps to file an appeal.
Ratio Decidendi
The Court found that Suncity Properties Limited, the first respondent, had filed a Notice of Appeal but had taken no steps to file the substantive appeal. In the absence of any action or appearance by the first respondent, and pursuant to rule 80 of the Court of Appeal Rules, the Court determined that the Notice of Appeal should be struck out. The application was therefore allowed, and the Notice of Appeal dated 8th August, 1990 was struck out with no order as to costs.
Court Disposition
application allowed; notice of appeal struck out
Orders
- The Notice of Appeal dated 8th August, 1990 is struck out.
- No order as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL OF KENYA
AT NAIROBI
CIVIL MISC APPL 305 OF 99
1. DILIP KUMAR PREMCHAND SHAH
2. BHUPENDRA KUMAR PREMCHAND SHAH ................. APPLICANTS
AND
1. SUNCITY PROPERTIES LIMITED
2. INTERCOM INSURANCE LTD ......................... RESPONDENTS
RULING OF THE COURT
This is an application under rule 80 of the Court of Appeal Rules to strike out the Notice of Appeal filed by Suncity Properties Limited , the first respondent, on 10th August, 1990. Although the first respondent has not appeared by counsel or otherwise, it is evident that it has taken no steps at all to file an appeal. In the circumstances we allow the application and strike out the Notice of Appeal dated 8th August, 1990 with no order as to costs.
Dated and delivered at Nairobi this 26th day of July, 2000.
R. O. KWACH
----------------
JUDGE OF APPEAL
S.E.O. BOSIRE
----------------
JUDGE OF APPEAL
M. KEIWUA
----------------
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR