[2003] KECA 137 (KLR)
The court found that the Notice of Appeal was lodged on 9th October, 2001, whereas the judgment was delivered on 4th September, 2001. This was outside the time limit set by the Court of Appeal Rules. As a result, the Notice of Appeal was invalid. The court exercised its discretion to strike out the Notice of Appeal...
Source-derived case information.
- Citation
- [2003] KECA 137 (KLR)
- Parties
- Applicant: Robley Muktar Lucuqh; Applicant: Zamzam Omar; Respondent: Kimemia Wanjohi; Respondent: Coastline Safaris Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Malindi
- Jurisdiction
- Kenya
- Case Number
- ? 350 of 2002
- Procedural Posture
- Civil Application / Application to Strike Out Notice of Appeal
- Outcome
- Application granted. Notice of Appeal struck out with costs to the applicants.
- Legal Topics
- Notice of Appeal, Time Limits, Striking Out, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Robley Muktar Lucuqh
Applicant
Zamzam Omar
Applicant
Kimemia Wanjohi
Respondent
Coastline Safaris Limited
Respondent
Procedural Posture
Civil Application / Application to Strike Out Notice of Appeal
Legal Issues
- 1 Whether the Notice of Appeal was filed within the time prescribed by the Court of Appeal Rules.
- 2 Whether the Notice of Appeal should be struck out for being lodged out of time.
Ratio Decidendi
The court found that the Notice of Appeal was lodged on 9th October, 2001, whereas the judgment was delivered on 4th September, 2001. This was outside the time limit set by the Court of Appeal Rules. As a result, the Notice of Appeal was invalid. The court exercised its discretion to strike out the Notice of Appeal with costs to the applicants, as the respondents had not sought or obtained an extension of time nor provided any justification for the delay.
Court Disposition
Application granted. Notice of Appeal struck out with costs to the applicants.
Orders
- The Notice of Appeal dated 21st September, 2001 is struck out as invalid.
- Costs awarded to the applicants.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT MOMBASA(CORAM: GICHERU, TUNOI & LAKHA, JJ.A)
CIVIL APPLICATION NO. NAI. 350 OF 2002
BETWEEN
1. ROBLEY MUKTAR LUCUQH ) 2. ZAMZAM OMAR ) ..........................APPLICANTS AND 1. KIMEMIA WANJOHI ) 2. COASTLINE SAFARIS LIMITED ).........................RESPONDENTS (Application to strike out Notice of appeal dated 21st September, 2001 in an intended appeal from the judgment of the High Court of Kenya at Mombasa (Mr. Justice Waki) dated 4th September, 20
in
H.C.C.C NO. 99 OF 1997)
**********
RULING OF THE COURT We grant the application as prayed in the motion before us. The judgment the subject matter of the intended appeal was delivered on 4th September, 2001. The Notice of Appeal was lodged on 9th October, 2001, well outside the time prescribed by the Rules of this Court. Thus, the Notice of Appeal so lodged is invalid. It is ordered struck out with costs to the applicants.
Dated and delivered at Mombasa this 23rd day of January, 2003.
J.E GICHERU ............... JUDGE OF APPEAL
P.K TUNOI ............... JUDGE OF APPEAL
A.A LAKHA ............... JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR