[1999] KECA 135 (KLR)
The Court found that the respondent, having filed a notice of appeal but failing to file a record of appeal or seek extension of time, demonstrated inaction and lack of intention to prosecute the appeal. The Court held that such inaction justifies the striking out of the notice of appeal, as the procedural rules...
Source-derived case information.
- Citation
- [1999] KECA 135 (KLR)
- Parties
- Applicant: Jaswant Singh Dhingra; Respondent: Jaswinder Dhingra
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 224 of 1999
- Procedural Posture
- Civil Application / Application to Strike Out Notice of Appeal
- Outcome
- Notice of appeal struck out with costs to the applicant.
- Legal Topics
- Notice of Appeal, Striking Out Proceedings, Appeal Timelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jaswant Singh Dhingra
Applicant
Jaswinder Dhingra
Respondent
Procedural Posture
Civil Application / Application to Strike Out Notice of Appeal
Legal Issues
- 1 Whether the respondent's notice of appeal should be struck out for failure to file a record of appeal or seek extension of time.
- 2 Whether the applicant is entitled to costs upon striking out the notice of appeal.
Ratio Decidendi
The Court found that the respondent, having filed a notice of appeal but failing to file a record of appeal or seek extension of time, demonstrated inaction and lack of intention to prosecute the appeal. The Court held that such inaction justifies the striking out of the notice of appeal, as the procedural rules require timely prosecution of appeals to prevent abuse of process and unnecessary delay. The applicant's application to strike out the notice was therefore proper and merited, and the Court ordered the notice of appeal struck out with costs to the applicant.
Court Disposition
Notice of appeal struck out with costs to the applicant.
Orders
- The notice of appeal filed in Court on 18th December, 1998 is struck out with costs to the applicant.
Full Case Text
Judgment text and source record
7 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI, SHAH & BOSIRE, JJ.A) CIVIL APPLICATION NO. 224 OF 1999 BETWEEN JASWANT SINGH DHINGRA ..............................APPLICANT AND JASWINDER DHINGRA ..................................RESPONDENT
(An application to strike out Notice of Appeal filed herein on 18th day of December, 1998 in an intended appeal from the ruling of the High Court of Kenya at Nairobi (Hon. Justice Owuor) dated 9th December, 1998 in Succession Cause No. 2572 of 1996) ************************** RULING OF THE COURT
The respondent filed a notice of appeal on 18th December, 1998, declaring his intention to appeal against the decision of the superior court in its Succession Cause No. 2572 of 1996. To date the respondent has neither filed a record of appeal nor applied for extension of time within which to file the same. In the circumstances it is quite clear that he went to sleep and the applicant has quite properly applied to have the notice of appeal struck out. We accordingly order that the notice of appeal filed in Court on 18th December, 1998 be struck out with costs to the applicant.Dated and delivered this 16th day of November, 1999.
A. M. AKIWUMI ............... JUDGE OF APPEAL
A.B. SHAH ............... JUDGE OF APPEAL
S.E.O BOSIRE ............... JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR