[1999] KECA 143 (KLR)
The Court found that the application to strike out the notice of appeal was filed out of time and that no valid leave or extension of time had been obtained. Additionally, the respondent did not file a replying affidavit to oppose the application. In these circumstances, the Court determined that the application...
Source-derived case information.
- Citation
- [1999] KECA 143 (KLR)
- Parties
- Applicant: Standard Properties Limited; Applicant: Capital Trustees Limited; Respondent: Haircare Beauticians Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 205 of 1998
- Procedural Posture
- Miscellaneous Application / Application to Strike Out Notice of Appeal
- Outcome
- application allowed; notice of appeal struck out
- Judges
- AB Shah
- Legal Topics
- Notice of Appeal, Striking Out Applications, Court of Appeal Rules, Timeliness of Filing
- 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
Standard Properties Limited
Applicant
Capital Trustees Limited
Applicant
Haircare Beauticians Limited
Respondent
Procedural Posture
Miscellaneous Application / Application to Strike Out Notice of Appeal
Legal Issues
- 1 Whether the application to strike out the notice of appeal was filed within the prescribed time period.
- 2 Whether leave or extension of time to file the application or to appeal was validly obtained.
- 3 Whether the absence of a replying affidavit affects the outcome of the application.
Ratio Decidendi
The Court found that the application to strike out the notice of appeal was filed out of time and that no valid leave or extension of time had been obtained. Additionally, the respondent did not file a replying affidavit to oppose the application. In these circumstances, the Court determined that the application must succeed. Consequently, the notice of appeal was struck out and the previous order of the Court dated 23rd July, 1998 was vacated. Costs were awarded to the applicants.
Court Disposition
application allowed; notice of appeal struck out
Orders
- The notice of appeal is struck out.
- The Order of this Court made on 23rd July, 1998 is vacated.
Full Case Text
Judgment text and source record
25 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
civil misc appl 205 of 98
STANDARD PROPERTIES LIMITED ......................... 1STAPPLICANT
CAPITAL TRUSTEES LIMITED ............................ 2NDAPPLICANT
AND
HAIRCARE BEAUTICIANS LIMITED ........................RESPONDENT
(Application to strike out the Notice of Appeal in an intended appeal from the ruling of the High Court of Kenya at Nairobi (Honourable Justice Kuloba) dated the 17th June, 1998
in
H.C.C.C. NO. 2494 OF 1997)
****************
RULING OF THE COURT
This is an application to strike out the Notice of Appeal under rule 80 of the Rules of this Court. It was filed on 10th July, 1998 which is out of time. No leave or extension has been validly obtained Nor has any leave to appeal been obtained validly. There is no replying affidavit. In these circumstances, the application succeeds. The notice of appeal is struck out and the Order of this Court made on 23rd July, 1998 is consequently vacated. The applicant shall have costs of this application.
Made and delivered at Nairobi this 4th day of May, 1999.
P.K. TUNOI
..............
JUDGE OF APPEAL
A.B. SHAH
...............
JUDGE OF APPEAL
A.A. LAKHA
...............
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR