[1994] KECA 61 (KLR)
The Court found that the Notice of Appeal filed on 24th March, 1994 was not followed by any steps or action to indicate that an appeal was being pursued. The time prescribed under the Rules for taking further steps had expired, and no explanation or action was forthcoming from the respondent. The Court concluded...
Source-derived case information.
- Citation
- [1994] KECA 61 (KLR)
- Parties
- Applicant: Peter Kimani Mwangi; Respondent: Karanja Muchinju
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 170 of 1994
- Procedural Posture
- Civil Application / Application to Strike Out Notice of Appeal
- Outcome
- application allowed; notice of appeal struck out with costs to applicant
- Judges
- MG Muli
- 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
Peter Kimani Mwangi
Applicant
Karanja Muchinju
Respondent
Procedural Posture
Civil Application / Application to Strike Out Notice of Appeal
Legal Issues
- 1 Whether the Notice of Appeal should be struck out for want of prosecution and failure to take further steps after filing.
Ratio Decidendi
The Court found that the Notice of Appeal filed on 24th March, 1994 was not followed by any steps or action to indicate that an appeal was being pursued. The time prescribed under the Rules for taking further steps had expired, and no explanation or action was forthcoming from the respondent. The Court concluded that there was no useful purpose in retaining the Notice of Appeal on the record and that the only viable option was to strike it out. The application was therefore allowed, and the Notice of Appeal was struck out with costs to the applicant.
Court Disposition
application allowed; notice of appeal struck out with costs to applicant
Orders
- The Notice of Appeal filed on 24th March, 1994 is struck out.
- Costs awarded to the applicant.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT NAIROBI (Coram: Muli, Omolo & Tunoi, JJ.A.) CIVIL APPLICATION NO. NAI. 170 OF 1994 BETWEENPETER KIMANI MWANGI....................................APPLICANTANDKARANJA MUCHINJU.......................................RESPONDENT(Application to strike out Notice of Appeal filed on 31st March, 1994 in an intended appeal from a judgment of the High Court of Kenya at Nairobi (Ole Keiwua, J.) dated 17th March, 1994 in H.C.C.C. NO. 3924 OF 1989)
******************************RULING OF THE COURT
The Notice of Appeal filed as far back as 24th March, 1994 was not followed by any steps or action to show that an appeal was contemplated. We see no purpose in trying to nurse the Notice of Appeal without seeing any steps having been taken following the filing of Notice of Appeal. Time has expired under the Rules and no useful purpose will be achieved by leaving this Notice of Appeal on the Record.
We agree with Mr. Muriithi that there is no option but to strike out the Notice of Appeal filed on 24th December, 1994. Accordingly the Notice of Appeal is hereby struck out with costs to the applicant.
Dated and delivered at Nairobi this 9th day of December, 1994.
M.G. MULIJUDGE OF APPEAL
R.S.C. OMOLO
JUDGE OF APPEAL
P.K. TUNOI
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR