[2003] KECA 106 (KLR)
The Court found that the respondent failed to institute an appeal within the prescribed time after filing the notice of appeal. As a result, the notice of appeal filed on 22-1-01 was struck out. Consequently, the order of the superior court made on 27-7-01, which was predicated on the existence of a pending appeal,...
Source-derived case information.
- Citation
- [2003] KECA 106 (KLR)
- Parties
- Applicant: Rothman's Holdings Limited; Applicant: Naushad Jiwa; Respondent: Amin Ladak alias Amin Jaffer Gulamhusein
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Malindi
- Jurisdiction
- Kenya
- Case Number
- ? 268 of 2002
- Procedural Posture
- Civil Application / Application to Strike Out Notice of Appeal
- Outcome
- Application allowed. Notice of appeal struck out. Superior court order set aside. Monies in joint account to be released to applicants. Costs to applicants.
- 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
Rothman's Holdings Limited
Applicant
Naushad Jiwa
Applicant
Amin Ladak alias Amin Jaffer Gulamhusein
Respondent
Procedural Posture
Civil Application / Application to Strike Out Notice of Appeal
Legal Issues
- 1 Whether the respondent failed to institute an appeal within the prescribed time after filing the notice of appeal.
- 2 Whether the notice of appeal should be struck out for non-compliance with procedural timelines.
- 3 Whether the applicants are entitled to the release of monies held in a joint account.
Ratio Decidendi
The Court found that the respondent failed to institute an appeal within the prescribed time after filing the notice of appeal. As a result, the notice of appeal filed on 22-1-01 was struck out. Consequently, the order of the superior court made on 27-7-01, which was predicated on the existence of a pending appeal, was set aside. The Court further ordered that the monies held in the joint account be released to the applicants, and awarded them the costs of the application. The decision was based on the mandatory procedural requirement to institute an appeal within the stipulated period following the filing of a notice of appeal, and the failure to comply with this requirement justified...
Court Disposition
Application allowed. Notice of appeal struck out. Superior court order set aside. Monies in joint account to be released to applicants. Costs to applicants.
Orders
- The notice of appeal filed on 22-1-01 is struck out.
- The order of the superior court made on 27-7-01 is set aside.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT MOMBASA
CORAM: GICHERU, TUNOI & LAKHA, JJ.A.
CIVIL APPLICATION NO. NAI 268 OF 2002
BETWEENROTHMAN'S HOLDINGS LIMITED NAUSHAD JIWA ...................................... APPLICANTS ANDAMIN LADAK ALIAS AMIN JAFFER GULAMHUSEIN .......... RESPONDENTAND
AMIN LADAK ALIAS AMIN JAFFER GULAMHUSEIN ..........RESPONDENT
(Being an application to strike out the notice of appeal
from the ruling of the High Court of Kenya at
Mombasa (Waki J) dated 9th January, 2001
in
H.C.C.S. NO. 458 OF 2000)
RULING OF THE COURT
As the respondent has failed to institute an appeal within the prescribed time or at all after the filing of the Notice of Appeal, such notice filed on 22-1-01 is hereby strucIkt ofuto.llows that the order of the superior court made on 27-7-01 is set aside and the monies in the joint account be released to the applicants. Applicants to have the costs of the application. Made 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