[1996] KECA 152 (KLR)
The Court found that the respondents failed to file an appeal within the prescribed time after lodging the Notice of Appeal, despite the proceedings being ready and available. This omission constituted a failure to take an essential step in the appellate process. The Court held that such inaction justified striking...
Source-derived case information.
- Citation
- [1996] KECA 152 (KLR)
- Parties
- Applicant: Stephen Kagooiyo; Applicant: Daniel Muchoki; Respondent: Joseph Waithaka Kabai; Respondent: Kahata Muchau; Respondent: Charles Kabochi Njema; Respondent: Guchu Kibara t/a Matuu Bus Service
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 313 of 1995
- Procedural Posture
- Civil Application / Application to Strike Out Notice of Appeal
- Outcome
- application allowed; notice of appeal struck out with costs
- Judges
- AM Akiwumi
- 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
Stephen Kagooiyo
Applicant
Daniel Muchoki
Applicant
Joseph Waithaka Kabai
Respondent
Kahata Muchau
Respondent
Charles Kabochi Njema
Respondent
Guchu Kibara t/a Matuu Bus Service
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 failure to file the appeal within the prescribed time period.
- 2 Whether an essential step in the appellate process was omitted by the respondents.
Ratio Decidendi
The Court found that the respondents failed to file an appeal within the prescribed time after lodging the Notice of Appeal, despite the proceedings being ready and available. This omission constituted a failure to take an essential step in the appellate process. The Court held that such inaction justified striking out the Notice of Appeal, as the time for filing the appeal had lapsed and no explanation or further action was provided by the respondents.
Court Disposition
application allowed; notice of appeal struck out with costs
Orders
- The Notice of Appeal lodged in Court on 16th March, 1995 is struck out.
- The applicants are awarded costs of the application.
Full Case Text
Judgment text and source record
35 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: OMOLO, AKIWUMI & LAKHA, JJ.A.)
CIVIL APPLICATION NO. NAI. 313 OF 1995
BETWEEN
STEPHEN KAGOOIYO………....……….........................1ST APPLICANT
DANIEL MUCHOKI..........................................................2ND APPLICANT
AND
JOSEPH WAITHAKA KABAI……...…......................1ST RESPONDENT
KAHATA MUCHAU.....................................................2ND RESPONDENT
CHARLES KABOCHI NJEMA...................................3RD RESPONDENT
GUCHU KIBARA t/a MATUU BUS SERVICE...........4TH RESPONDENT
(Application to strike out Notice of Appeal from the Judgment
of the High Court of Kenya at Nairobi (Justice Ringera) dated
6th March, 1995
in
H.C.C.C. NO. 4089 OF 1988)
****************
RULING OF THE COURT
This is an application to strike out the Notice of Appeal 410 lodged in Court on 16th March, 1995 as an essential step in the proceedings has not been taken.
Judgment of the superior court was delivered on 6th March, 1995; Notice of Appeal was filed on 16th March, 1995 and the proceedings of judgment were ready and available on 20th September, 1995 but no appeal has been filed to date. The time for filing appeal has now lapsed.
Accordingly, the application succeeds and the Notice of Appeal lodged in Court on 16th March, 1995 is struck out with costs.
Dated and delivered at Nairobi this 29th day of April, 1996,
R.S.C. OMOLO
.........................
JUDGE OF APPEAL
A.M. AKIWUMI
..........................
JUDGE OF APPEAL
A.A, LAKHA
...........................
JUDGE OF APPEAL
I certify that this is a
true copy of the original,
DEPUTY REGISTRAR