[1996] KECA 15 (KLR)

[1996] KECA 15 (KLR)

The Court of Appeal determined that the present appeal was filed out of time, mirroring the reasoning in Civil Appeal No. 110 of 1995. The appellant failed to comply with the mandatory statutory timelines for lodging an appeal and did not obtain leave for extension. As a result, the court lacked jurisdiction to...

Source-derived case information.

Citation
[1996] KECA 15 (KLR)
Parties
Appellant: Kenya Commercial Bank Limited; Respondent: Fisco (Kenya) Limited; Respondent: Paul Okelo Abajah
Court
Court of Appeal
Court Station
Court of Appeal at Nairobi
Jurisdiction
Kenya
Case Number
Civil Appeal 111 of 1995
Procedural Posture
Civil Appeal / Order on Appeal
Outcome
appeal struck out as out of time
Judges
JE Gicheru, AB Shah
Legal Topics
Appeal Out of Time, Striking Out Appeal
Source Language
en
Civil Procedure Appeal Out of Time Striking Out Appeal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kenya Commercial Bank Limited

Appellant

Fisco (Kenya) Limited

Respondent

Paul Okelo Abajah

Respondent

Procedural Posture

Civil Appeal / Order on Appeal

Legal Issues

  1. 1 Whether the appeal was filed within the prescribed time limits.
  2. 2 Whether the appeal should be struck out for being out of time.

Ratio Decidendi

The Court of Appeal determined that the present appeal was filed out of time, mirroring the reasoning in Civil Appeal No. 110 of 1995. The appellant failed to comply with the mandatory statutory timelines for lodging an appeal and did not obtain leave for extension. As a result, the court lacked jurisdiction to entertain the appeal, necessitating its striking out. The absence of any application for extension of time or justification for the delay was fatal to the appellant's case. The court thus struck out the appeal as incompetent, with no order as to costs.

Court Disposition

appeal struck out as out of time

Orders

  • The appeal is struck out for being out of time.
  • No order as to costs.