[2024] KEHC 3886 (KLR)

[2024] KEHC 3886 (KLR)

The court found that the appellants filed the appeal on 23rd October 2023, whereas the impugned judgment was delivered on 25th May 2023, well outside the thirty-day statutory period prescribed by Section 79G of the Civil Procedure Act. There was no evidence that the appellants sought or obtained leave to appeal out...

Source-derived case information.

Citation
[2024] KEHC 3886 (KLR)
Parties
Appellant: Edwin Kasembe; Appellant: Peter Okoth Ouma; Respondent: Peterlis Opiyo Bwore
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Civil Appeal E174 of 2023
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection/competency
Outcome
Appeal struck out as incompetent for want of leave to appeal out of time.
Judges
RE Aburili
Legal Topics
Appeal Out of Time, Leave of Court, Competency of Appeal
Source Language
en
Civil Procedure Appeal Out of Time Leave of Court Competency of Appeal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Edwin Kasembe

Appellant

Peter Okoth Ouma

Appellant

Peterlis Opiyo Bwore

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection/competency

Legal Issues

  1. 1 Whether the appeal was filed within the statutory period of thirty days from the date of judgment.
  2. 2 Whether leave to appeal out of time was sought and obtained by the appellants.
  3. 3 Whether the appeal is competent before the court.

Ratio Decidendi

The court found that the appellants filed the appeal on 23rd October 2023, whereas the impugned judgment was delivered on 25th May 2023, well outside the thirty-day statutory period prescribed by Section 79G of the Civil Procedure Act. There was no evidence that the appellants sought or obtained leave to appeal out of time. The absence of such leave rendered the appeal incompetent. Consequently, the court summarily rejected and struck out the appeal for want of compliance with mandatory procedural requirements.

Court Disposition

Appeal struck out as incompetent for want of leave to appeal out of time.

Orders

  • The appeal is summarily rejected and struck out for being incompetent.
  • File closed.