[2000] KECA 318 (KLR)
The court found that the respondent failed to file the appeal after being notified that the proceedings were ready for collection, and no appeal had been filed within the prescribed period. The respondent's advocates were duly served with notice of the hearing but did not appear. The court concluded that the...
Source-derived case information.
- Citation
- [2000] KECA 318 (KLR)
- Parties
- Applicant: Lawi Kiplagat; Respondent: Delphis Bank Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 341 of ??
- Procedural Posture
- Civil Application / Application to Strike Out Notice of Appeal
- Outcome
- application allowed; notice of appeal struck out; costs awarded to applicant
- Judges
- EO O'Kubasu, AB Shah
- Legal Topics
- Notice of Appeal, Striking Out Proceedings, Appeal Timelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lawi Kiplagat
Applicant
Delphis Bank Limited
Respondent
Procedural Posture
Civil Application / Application to Strike Out Notice of Appeal
Legal Issues
- 1 Whether the notice of appeal filed by the respondent should be struck out for failure to file the appeal within the prescribed time.
- 2 Whether the applicant is entitled to costs of the application.
Ratio Decidendi
The court found that the respondent failed to file the appeal after being notified that the proceedings were ready for collection, and no appeal had been filed within the prescribed period. The respondent's advocates were duly served with notice of the hearing but did not appear. The court concluded that the applicant was entitled to have the notice of appeal struck out and to be awarded the costs of the application.
Court Disposition
application allowed; notice of appeal struck out; costs awarded to applicant
Orders
- The notice of appeal dated and lodged in court on 29th May, 2000 is struck out.
- The applicant is awarded the costs of this motion.
Full Case Text
Judgment text and source record
7 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL
AT NAIROBI CORAM: OMOLO, SHAH & O'KUBASU, JJ.A. CIVIL APPLICATION NO. NAI 341 OF 2000BETWEEN LAWI KIPLAGAT ......................................... APPLICANT AND DELPHIS BANK LIMITED .................................. RESPONDENT(An application to strike out a notice of appeal in an intended appeal from a ruling of the High Court of Kenya at Nairobi (Kuloba J) dated 18th May, 2000 in H.C.C.C. NO. 1127 OF 1995) ******************RULING OF THE COURT
The ruling of the court against which the respondent wished to appeal was delivered on 18th day of May, 2000. The respondent filed the notice of appeal on 29th May, 2000; it then applied for proceedings on 23rd June, 2000. The Deputy Registrar of the superior court informed the respondent on 8th August, 2000, that the proceedings requested by the respondent were ready for collection as at that date. No appeal has been filed and in the circumstances the applicant is entitled to ask that the notice of appeal be struck out. The respondent's advocates were served with notice to appear to-day for this hearing. The advocates are not here. We allow the application, and strike out the notice of appeal dated and lodged in court on 29th May, 2000. We award to the applicant the costs of this motion. These shall be our orders.
Dated and delivered at Nairobi this 4th day of June, 2000. R. S. C. OMOLO --------------- JUDGE OF APPEAL
A. B. SHAH --------------- JUDGE OF APPEAL
E. O. O'KUBASU --------------- JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR