[1998] KECA 75 (KLR)
The court found that the Notice of Appeal was both filed and served out of time, a fact conceded by the respondent's counsel. As compliance with prescribed timelines is mandatory for the validity of a Notice of Appeal, the court held that the notice was incompetent. Consequently, the court struck out the Notice of...
Source-derived case information.
- Citation
- [1998] KECA 75 (KLR)
- Parties
- Applicant: Naftal O. Nyagwachi; Respondent: Pave Auctioneers
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- ? 99 of 1997
- Procedural Posture
- Civil Application / Application to Strike Out Notice of Appeal
- Outcome
- Notice of Appeal struck out with costs to the applicant.
- Judges
- JE Gicheru
- Legal Topics
- Notice of Appeal, Extension of Time, Striking Out Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Naftal O. Nyagwachi
Applicant
Pave Auctioneers
Respondent
Procedural Posture
Civil Application / Application to Strike Out Notice of Appeal
Legal Issues
- 1 Whether the Notice of Appeal was filed and served within the prescribed time period.
- 2 Whether the Notice of Appeal should be struck out for being out of time.
Ratio Decidendi
The court found that the Notice of Appeal was both filed and served out of time, a fact conceded by the respondent's counsel. As compliance with prescribed timelines is mandatory for the validity of a Notice of Appeal, the court held that the notice was incompetent. Consequently, the court struck out the Notice of Appeal with costs to the applicant.
Court Disposition
Notice of Appeal struck out with costs to the applicant.
Orders
- The Notice of Appeal is struck out.
- Costs awarded to the applicant.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (CORAM: CHESONI, C.J. GICHERU & OMOLO, JJ.A.) CIVIL APPLICATION NO. NAI. 99 OF 1997 (KSM 10/97) BETWEEN
NAFTAL O. NYAGWACHI ...................................APPLICANT AND PAVE AUCTIONEERS ......................................RESPONDENT
(Application to strike out the Notice of Appeal in an intended Appeal from the Judgment of the High Court of Kenya at Kisii (Justice Mbaluto) dated 28th June, 1994
in
H.C.C.C. NO. 28 OF 1988) ********** RULING OF THE COURT
The Notice of appeal in this matter was filed and served out of time. Mr. Menezes for the respondent concedes to this.
In the result the said Notice of Appeal is struck out with costs to the Applicant.
Dated and delivered at Kisumu this 25th day of March, 1998.
Z. R. CHESONI
................
CHIEF JUSTICE
J. E. GICHERU
................
JUDGE OF APPEAL
R. S. C. OMOLO
.................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR.