[2001] KECA 66 (KLR)
The Court found that since both parties confirmed that the court had not supplied the respondent with copies of proceedings, the time for filing the appeal had not started running. Therefore, the application to strike out the Notice of Appeal had no basis, as the respondent was not in breach of the stipulated time...
Source-derived case information.
- Citation
- [2001] KECA 66 (KLR)
- Parties
- Applicant: Gateway Insurance Co. Limited; Respondent: Joseph Kinyanjui Haron
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 62 of 2001
- Procedural Posture
- Civil Application / Application to Strike Out Notice of Appeal
- Outcome
- application dismissed with costs
- Legal Topics
- Appeals Process, Notice of Appeal, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gateway Insurance Co. Limited
Applicant
Joseph Kinyanjui Haron
Respondent
Procedural Posture
Civil Application / 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 stipulated time period.
- 2 Whether the delay in filing the appeal was excusable due to non-supply of proceedings by the court.
Ratio Decidendi
The Court found that since both parties confirmed that the court had not supplied the respondent with copies of proceedings, the time for filing the appeal had not started running. Therefore, the application to strike out the Notice of Appeal had no basis, as the respondent was not in breach of the stipulated time frame for filing the appeal. The application was dismissed with costs to the respondent.
Court Disposition
application dismissed with costs
Orders
- The application to strike out the Notice of Appeal is dismissed.
- The applicant shall pay the costs of this application.
Full Case Text
Judgment text and source record
14 paragraphs
REPULIC OF KENYA
IN THE COURT OF APPEAL
AT NAKURU
CORAM: GICHERU, LAKHA & KEIWUA JJ.A
CIVIL APPLICATION NO. NAI.62 OF 2001
BETWEENGATEWAY INSURANCE CO. LIMITED ................................................ APPLICANTANDJOSEPH KINYANJUI HARON ......................................................... RESPONDENTAn application to strike out Notice of Appeal against the Judgment & Decree of the High Court of Kenya at Kitale (Lady Justice Nambuye) dated 25th November,
1999
in
H.C.C. APPEAL NO. 87 OF 1997)
*************
RULING OF THE COURT This is an application under rule 80 of the Court of Appeal Rules. It seeks to have the Notice of Appeal filed in the superior court on March 6, 2000 struck out because the respondent has failed to file the appeal within the stipulated sixtyI td ayhsa.s been confirmed by both counsel that copies of proceedings have not been supplied to the respondent by the court to enable him mount an appeal. In those circumstances we are of the view that the application has no basis because the time within which to file the appeal in this Court has not rAucnc oroduitn.gly we dismiss the application with costs.
Dated and delivered at Nakuru this 26th day of September, 2001. J.E. GICHERU ............ JUDGE OF APPEAL
A.A. LAKHA ............. JUDGE OF APPEAL
M. OLE KEIWUA ............ JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR