[2005] KEHC 77 (KLR)
The court found that the appeal was filed on 4-10-2001, whereas the decision being appealed was dated 24-7-2001. There was no evidence presented to show that the decision was not delivered or read to the parties on the date it was dated. Therefore, the appeal was filed outside the statutory time limit set by Section...
Source-derived case information.
- Citation
- [2005] KEHC 77 (KLR)
- Parties
- Appellant: Ibrahim Mulindo; Appellant: Musa Mulindo; Appellant: Ishmael Mulindo; Respondent: Ransom Mwangala Mulindo
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 76 of 2001
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal struck out as time barred
- Legal Topics
- Limitation of Actions, Appeals Process, Filing Deadlines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Ibrahim Mulindo
Appellant
Musa Mulindo
Appellant
Ishmael Mulindo
Appellant
Ransom Mwangala Mulindo
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the appeal was filed within the statutory time limit under Section 8(9) of Act 18 of 1990.
- 2 Whether there was evidence that the decision was not delivered or read to the parties on the date it was dated.
Ratio Decidendi
The court found that the appeal was filed on 4-10-2001, whereas the decision being appealed was dated 24-7-2001. There was no evidence presented to show that the decision was not delivered or read to the parties on the date it was dated. Therefore, the appeal was filed outside the statutory time limit set by Section 8(9) of Act 18 of 1990. As a result, the appeal was time barred and could not be entertained by the court.
Court Disposition
appeal struck out as time barred
Orders
- The appeal is struck out with costs.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
CIVIL APPEAL 76 OF 2001
1. IBRAHIM MULINDO
2. MUSA MULINDO
3. ISHMAEL MULINDO ............................................APPELLANTS
V E R S U S
RANSOM MWANGALA MULINDO ...........................RESPONDENT
J U D G M E N T
The decision of the Provincial Appeals Committee challenged by the Appellant in this appeal is dated 24 –7–2001. There is no evidence that it was not delivered or read to the parties on the date it is dated.
The Appeal was filed in court on 4-10-2001. Under Section 8(9) of Act 18 of 1990, the appeal was time barred. It is struck out with costs.
Dated at Kakamega this 18th day of February, 2005
G. B. M. KARIUKI
J U D G E