[2002] KECA 211 (KLR)
The Court found that the Notice of Cross-Appeal was filed on 4th June, 2000, while the appeal was fixed for hearing on 11th June, 2002. This filing was well within the time limits set by the Court of Appeal Rules, which allow for filing either within 30 days after service of the Record of Appeal or 30 days before...
Source-derived case information.
- Citation
- [2002] KECA 211 (KLR)
- Parties
- Appellant: K. H. Osmond; Respondent: Daima Bank Limited; Respondent: Whitestone Auctioneers (K) Ltd
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal (Application) 72 of 2001
- Procedural Posture
- Civil Appeal / Application for Dismissal of Notice of Cross Appeal
- Outcome
- Application dismissed with costs to the first respondent.
- Judges
- RO Kwach, E Owuor
- Legal Topics
- Appeal Timelines, Notice of Cross Appeal, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
K. H. Osmond
Appellant
Daima Bank Limited
Respondent
Whitestone Auctioneers (K) Ltd
Respondent
Procedural Posture
Civil Appeal / Application for Dismissal of Notice of Cross Appeal
Legal Issues
- 1 Whether the Notice of Cross-Appeal was filed within the time limits prescribed by the Court of Appeal Rules.
- 2 Whether the application to dismiss the Notice of Cross-Appeal has merit.
Ratio Decidendi
The Court found that the Notice of Cross-Appeal was filed on 4th June, 2000, while the appeal was fixed for hearing on 11th June, 2002. This filing was well within the time limits set by the Court of Appeal Rules, which allow for filing either within 30 days after service of the Record of Appeal or 30 days before the hearing date. The Court concluded that there was no merit in the application to dismiss the Notice of Cross-Appeal, as the procedural requirements had been satisfied.
Court Disposition
Application dismissed with costs to the first respondent.
Orders
- The application is dismissed.
- Costs awarded to the first respondent.
Full Case Text
Judgment text and source record
29 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: KWACH, OMOLO & OWUOR, JJ.A.
CIVIL APPEAL(APPLICATION) NO. 72 OF 2001
BETWEEN
K. H. OSMOND .......................................................................APPELLANT
AND
DAIMA BANK LIMITED ..............................................1ST RESPONDENT
WHITESTONE AUCTIONEERS (K) LTD ..................2ND RESPONDENT
(An appeal from the judgment and decree of the High
Court of Kenya (Hon Jean Gacheche, Commissioner of
Assize) dated 12th July, 2000
in
H.C.C.C. NO. 3052 OF 1997)
**************
RULING OF THE COURT
Mr Miller , for the appellant, concedes that the respondent had a choice under rules 90 & 91 of the Court of Appeal Rules to file a Notice of Cross-Appeal either within 30 days after service of the Record of Appeal on it or 30 days before the date of the hearing of the appeal. The appeal was fixed for hearing on 11th June, 2002. The Notice of Cross- Appeal was filed on 4th June, 2000. This was done well within the time limited by the Rules. There is no merit in this application. It is dismissed with costs to the first respondent.
Dated and delivered at Nairobi this 22nd day of October, 2002.
R. O. KWACH
..................
JUDGE OF APPEAL
R.S.C. OMOLO
.................
JUDGE OF APPEAL
E. OWUOR
.................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR