[1998] KECA 65 (KLR)
The Court found that regardless of whether the date the proceedings were ready was taken as 22nd July, 1996 or 25th September, 1996, the appeal was filed well outside the 60-day period prescribed by the Court of Appeal Rules. No application for extension of time was made. Consequently, the appeal was incompetent and...
Source-derived case information.
- Citation
- [1998] KECA 65 (KLR)
- Parties
- Appellant: I.W. Waweru t/a Wathiomo Safaris; Appellant: Julius Muzee Korir; Respondent: Fredrick J.P. Arodi; Respondent: Dorcas Jane Onditi
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 26 of 1997
- Procedural Posture
- Civil Appeal / Ruling on Competence of Appeal
- Outcome
- appeal struck out as incompetent
- Judges
- JE Gicheru
- Legal Topics
- Appeal Timelines, Certificate of Delay, Striking Out Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
I.W. Waweru t/a Wathiomo Safaris
Appellant
Julius Muzee Korir
Appellant
Fredrick J.P. Arodi
Respondent
Dorcas Jane Onditi
Respondent
Procedural Posture
Civil Appeal / Ruling on Competence of Appeal
Legal Issues
- 1 Whether the appeal was filed within the prescribed time under the Court of Appeal Rules.
- 2 Whether leave to extend time for filing the appeal was sought or granted.
Ratio Decidendi
The Court found that regardless of whether the date the proceedings were ready was taken as 22nd July, 1996 or 25th September, 1996, the appeal was filed well outside the 60-day period prescribed by the Court of Appeal Rules. No application for extension of time was made. Consequently, the appeal was incompetent and had to be struck out under Rule 80 of the Court of Appeal Rules.
Court Disposition
appeal struck out as incompetent
Orders
- The appeal is struck out in terms of Rule 80 of the Court of Appeal Rules.
- Costs of the application awarded to the applicant.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KSIUMU (CORAM: CHESONI, C.J. GICHERU & OMOLO JJ.A.) CIVIL APPEAL NO. 26 OF 1997 BETWEEN
1. I.W. WAWERU T/A WATHIOMO SAFARIS 2. JULIUS MUZEE KORIR...................................APPELLANTS AND 1. FREDRICK J.P. ARODI 2. DORCAS JANE ONDITI..................................RESPONDENTS
(Appeal from the Judgment of the High Court of Kenya at Kisumu (Justice Wambilyangah) dated 3rd July, 1996 in H.C.C.C. NO. 242 OF 1990) *************** RULING OF THE COURT
The judgment sought to be appealed from was delivered on 3rd July, 1996. The Notice of Appeal was filed on 8th July, 1996. Although Mr Miruka Owuor has ably suported his submission with documentary evidence which shows that the proceedings and judgment were ready by 22nd July, 1996 when he obtained his certified copies, the Certificate of Delay speaks of proceedings being ready by 25th September, 1996. The appeal was due for filing 60 days from the date the proceedings were ready. Whichever date is taken this appeal was filed way out of time and is therefore incompetent. No leave to extend time for filing it has been applied for. We order the said appeal to be struck out in terms of Rule 80 of the
Court of Appeal Rules with costs of the application to the applicant.
Dated and delivered at Kisumu this 25th day of March, 1998.
Z.R. CHESONI
.................
JUDGE OF APPEAL
J.E. GICHERU
................
JUDGE OF APPEAL
R.S.C. OMOLO
................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR