[2024] KEHC 3883 (KLR)
The court found that the appeal was filed outside the prescribed period without evidence that leave to file out of time had been sought and obtained. Additionally, there was no evidence of payment of court fees for the filing of the Memorandum of Appeal. These procedural lapses rendered the appeal incompetent....
Source-derived case information.
- Citation
- [2024] KEHC 3883 (KLR)
- Parties
- Appellant: Kenya Power & Lighting Company Limited; Respondent: Gabriel Oranga Odiyo (Suing as the Administrator and Personal Representative of the Estate of David Ochieng Oranga Odiyo)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E145 of 2023
- Procedural Posture
- Civil Appeal / Ruling on Preliminary Objection/competency of Appeal
- Outcome
- appeal struck out as incompetent
- Judges
- RE Aburili
- Legal Topics
- Appeal Out of Time, Leave of Court, Filing Fees, Competency of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Power & Lighting Company Limited
Appellant
Gabriel Oranga Odiyo (Suing as the Administrator and Personal Representative of the Estate of David Ochieng Oranga Odiyo)
Respondent
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection/competency of Appeal
Legal Issues
- 1 Whether the appeal was filed out of time without leave of court.
- 2 Whether there is evidence of payment of court fees for the Memorandum of Appeal.
- 3 Whether the appeal is competent before the court.
Ratio Decidendi
The court found that the appeal was filed outside the prescribed period without evidence that leave to file out of time had been sought and obtained. Additionally, there was no evidence of payment of court fees for the filing of the Memorandum of Appeal. These procedural lapses 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
Orders
- The appeal is struck out for being incompetent.
- This file is closed.
Full Case Text
Judgment text and source record
21 paragraphs
Kenya Power & Lighting Company Limited v Odiyo (Suing as the Administrator and Personal Representative of the Estate of David Ochieng Oranga Odiyo) (Civil Appeal E145 of 2023) [2024] KEHC 3883 (KLR) (19 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3883 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Appeal E145 of 2023
RE Aburili, J
April 19, 2024
Between
Kenya Power & Lighting Company Limited
Appellant
and
Gabriel Oranga Odiyo (Suing as the Administrator and Personal Representative of the Estate of David Ochieng Oranga Odiyo)
Respondent
(Being an appeal from the Judgment of Hon. J. Wambilyang SPM, delivered on 17th July 2023 in Kisumu CMCC No. E87 of 2022)
Ruling
1. Appeal is summarily rejected as there is no evidence that leave was sought and obtained extending time for filing of the appeal out of time.
2. The Judgment as impugned was delivered on 17th July 2023 whereas the appeal herein was filed on 29th August 2023 and in addition, there is no evidence of court fees paid for filing of the Memorandum of Appeal.
3. The appeal is struck out for being incompetent.
4. This file is closed.
5. The Appellant to be notified.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 19THDAY OF APRIL, 2024R. E. ABURILIJUDGE