[2002] KECA 283 (KLR)
The Court found that the respondent, despite being granted an extension of time to lodge the record of appeal, failed to do so. This omission constituted a failure to take an essential step in the appellate process as required by rule 80 of the Court of Appeal Rules. The absence of any appearance or opposition from...
Source-derived case information.
- Citation
- [2002] KECA 283 (KLR)
- Parties
- Applicant: Irene Wanjira Mararo; Respondent: Joseph Nguthiru Kin'garui
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 123 of 2002
- Procedural Posture
- Civil Appeal / Application to Strike Out Notice of Appeal
- Outcome
- Application granted. Notice of Appeal struck out with costs to the applicant.
- Legal Topics
- Notice of Appeal, Striking Out Proceedings, Court of Appeal Rules, Extension of Time, Failure to Take Essential Step
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Irene Wanjira Mararo
Applicant
Joseph Nguthiru Kin'garui
Respondent
Procedural Posture
Civil Appeal / Application to Strike Out Notice of Appeal
Legal Issues
- 1 Whether the respondent failed to take an essential step in lodging the record of appeal within the prescribed time after extension.
- 2 Whether the Notice of Appeal should be struck out under rule 80 of the Court of Appeal Rules.
Ratio Decidendi
The Court found that the respondent, despite being granted an extension of time to lodge the record of appeal, failed to do so. This omission constituted a failure to take an essential step in the appellate process as required by rule 80 of the Court of Appeal Rules. The absence of any appearance or opposition from the respondent further underscored the lack of compliance. Consequently, the Court granted the application and struck out the Notice of Appeal with costs to the applicant.
Court Disposition
Application granted. Notice of Appeal struck out with costs to the applicant.
Orders
- The Notice of Appeal lodged on 29th March, 1994 is struck out.
- Costs awarded to the applicant.
Full Case Text
Judgment text and source record
14 paragraphs
I REPUBLIC OF KENYA
N THE COURT OF APPEAL AT NYERI
CORAM: GICHERU, BOSIRE & OWUOR JJ.A
CIVIL APPEAL NO. NAI. 123 OF 2002(NYR 9/02)
BETWEEN
IRENE WANJIRA MARARO………..….…………………… APPLICANT
AND
JOSEPH NGUTHIRU KIN’GARUI….…….…….. ………. RESPONDENT
(Application to strike out a Notice of Appeal from a Judgment and decree of the High Court of Kenya at Nyeri (Tunoi, J) dated 8. 3.94 in H.C.C.C NO. 268 OF 1991) ***************** RULING OF THE COURT
Counsel for the respondent was served with today’s hearing notice but there is no appearance for respondent to defend this application. The Notice of Appeal sought to be struck out in this application was lodged in the superior court on 29th March, 1994. Despite extension of time by this Court to lodge the record of appeal on 24th October, 1995 the respondent has not lodged the appeal. Clearly therefore an essential step in the proceedings underrule 80Of the Court of Appeal Rules has not been taken. In the result, this application is granted so that the Notice of Appeal referred to above is struck out with costs to the applicant.
Dated and delivered at Nyeri this 31st day of October, 2002.
J.E.GICHERU JUDGE OF APPEAL S.E.O. BOSIRE JUDGE OF APPEAL E. OWUOR JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR