[2001] KECA 294 (KLR)
The Court found that the appeal was filed well outside the prescribed time limit and that there was no valid extension of time granted to the appellant. Furthermore, Rule 81 of the Court of Appeal Rules did not provide any relief to the appellant in the absence of a valid extension. With the respondent conceding to...
Source-derived case information.
- Citation
- [2001] KECA 294 (KLR)
- Parties
- Appellant: Kitale Municipal Council; Respondent: Compware Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 211 of 1999
- Procedural Posture
- Civil Appeal / Order on Preliminary Objection to Competence of Appeal
- Outcome
- Appeal struck out as incompetent.
- Legal Topics
- Appeal Timelines, Extension of Time, Competence of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kitale Municipal Council
Appellant
Compware Limited
Respondent
Procedural Posture
Civil Appeal / Order on Preliminary Objection to Competence of Appeal
Legal Issues
- 1 Whether the appeal was filed within the prescribed time period.
- 2 Whether there was a valid extension of time for filing the appeal.
- 3 Whether Rule 81 of the Court of Appeal Rules could avail the appellant.
Ratio Decidendi
The Court found that the appeal was filed well outside the prescribed time limit and that there was no valid extension of time granted to the appellant. Furthermore, Rule 81 of the Court of Appeal Rules did not provide any relief to the appellant in the absence of a valid extension. With the respondent conceding to the incompetence of the appeal, the Court held that the appeal was incompetent and should be struck out.
Court Disposition
Appeal struck out as incompetent.
Orders
- The appeal is struck out as incompetent.
- There is no order as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (CORAM: KWACH, LAKHA & OWUOR, JJ.A.) CIVIL APPEAL NO. 211 OF 1999 BETWEEN
KITALE MUNICIPAL COUNCIL ........................... APPELLANT AND COMPWARE LIMITED ..................................... RESPONDENT
(Appeal from the Judgment and Decree of the High Court of
Kenya at Kisumu (Justice Wambilyangah) dated 20th
March, 1998
in
H.C.C.C. NO. 178`B' OF 1996
************** ORDER OF THE COURT
The appeal intents to challange the decree dated 20/3/1998 was not filed until 16/7/1999 well out of the prescribed time. There is no valid extension. Nor does Rule 81 avail the appellant.
In these circumstances and, Mr. K'Opot for the respondent agreeing, this appeal is struck out as incompetent but with no order as to costs.
Made this 14th day of June, 2001
R. O. KWACH
.................
JUDGE OF APPEAL
A. A. LAKHA
.................
JUDGE OF APPEAL
E. OWUOR
.................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR.