[2024] KEHC 12677 (KLR)
The court found that the appeal was filed on 20th December 2023, more than six months after the judgment delivered on 17th June 2023. There was no evidence of any order extending time or leave of court to file the appeal out of time. The absence of such leave rendered the appeal incompetent. Consequently, the court...
Source-derived case information.
- Citation
- [2024] KEHC 12677 (KLR)
- Parties
- Appellant: Tamar Agencies; Appellant: Johnson Gichuru Wachira; Respondent: James Mwendwa Musyimi
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E209 of 2023
- Procedural Posture
- Civil Appeal / Ruling on Preliminary Objection/competency of Appeal
- Outcome
- Appeal summarily rejected and struck out for being filed out of time without leave of court.
- Judges
- RE Aburili
- Legal Topics
- Appeal Out of Time, Leave of Court, Striking Out Pleadings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tamar Agencies
Appellant
Johnson Gichuru Wachira
Appellant
James Mwendwa Musyimi
Respondent
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection/competency of Appeal
Legal Issues
- 1 Whether the appeal was filed within the prescribed time limit.
- 2 Whether leave of court was obtained to file the appeal out of time.
Ratio Decidendi
The court found that the appeal was filed on 20th December 2023, more than six months after the judgment delivered on 17th June 2023. There was no evidence of any order extending time or leave of court to file the appeal out of time. The absence of such leave rendered the appeal incompetent. Consequently, the court summarily rejected and struck out the appeal for being filed out of time without leave of court.
Court Disposition
Appeal summarily rejected and struck out for being filed out of time without leave of court.
Orders
- The appeal is struck out for being filed out of time without leave of court.
- The appellant to be notified.
Full Case Text
Judgment text and source record
22 paragraphs
Tamar Agencies & another v Musyimi (Civil Appeal E209 of 2023) [2024] KEHC 12677 (KLR) (18 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12677 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Appeal E209 of 2023
RE Aburili, J
October 18, 2024
Between
Tamar Agencies
1st Appellant
Johnson Gichuru Wachira
2nd Appellant
and
James Mwendwa Musyimi
Respondent
(An appeal arising out of the Judgment & Decree of the Honourable G. C. Serem (RM) in Kisumu Civil Suit No. 284 of 2021 delivered on 17th June 2023)
Ruling
1. Appeal summarily rejected and is struck out for being filed out of time without leave of court.
2. The impugned judgment was rendered on 17th June 2023 whereas the appeal was filed on 20th December 2023.
3. No orders extending time for filing of the appeal have been annexed to the Memorandum of Appeal.
4. Appellant to be notified. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 18TH DAY OF OCTOBER, 2024R.E. ABURILIJUDGE