[2002] KECA 100 (KLR)
The Court found that the appeal was filed outside the prescribed time limits as stipulated by the Court of Appeal Rules. The proceedings were ready on 15 March 2001, and the last day for filing was 14 May 2001. The appellant filed the appeal on 28 May 2001 without obtaining leave or a valid extension. The Court held...
Source-derived case information.
- Citation
- [2002] KECA 100 (KLR)
- Parties
- Appellant: Thuita Mwangi; Respondent: Kenya Airways Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 105 of 2001
- Procedural Posture
- Civil Appeal / Application to Strike Out Appeal for Being Filed Out of Time
- Outcome
- Appeal struck out as incompetent for being filed out of time.
- Judges
- RO Kwach
- Legal Topics
- Appeal Timelines, Striking Out Appeal, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thuita Mwangi
Appellant
Kenya Airways Limited
Respondent
Procedural Posture
Civil Appeal / Application to Strike Out Appeal for Being Filed Out of Time
Legal Issues
- 1 Whether the appeal was filed within the prescribed time under the Court of Appeal Rules.
- 2 Whether the appeal should be struck out for being filed out of time without leave or extension.
Ratio Decidendi
The Court found that the appeal was filed outside the prescribed time limits as stipulated by the Court of Appeal Rules. The proceedings were ready on 15 March 2001, and the last day for filing was 14 May 2001. The appellant filed the appeal on 28 May 2001 without obtaining leave or a valid extension. The Court held that compliance with the prescribed timelines is mandatory, and failure to do so renders the appeal incompetent. Consequently, the appeal was struck out with costs, including the costs of the application.
Court Disposition
Appeal struck out as incompetent for being filed out of time.
Orders
- The appeal is struck out with costs, including the costs of the application.
Full Case Text
Judgment text and source record
18 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI (CORAM: KWACH, LAKHA & BOSIRE, JJ.A.) CIVIL APPEAL NO. 105 OF 2001
BETWEEN THUITA MWANGI .......................................................APPELLANT
AND
KENYA AIRWAYS LIMITED .................................RESPONDENT
(Appeal from the Judgment and Decree of the High Court of Kenya at Nairobi (Justice Andrew Hayanga) delivered on 29th September, 2000
in
H.C.C.C. NO. 2570 OF 1994) ******************
RULING OF THE COURT
This is an application under rule 80 of the Rules of this Court to strike out the appeal as it was filed outside the prescribed time. The copies of the proceedings were ready on 15 March, 2001 and the last day for filing of the appeal was 14 May. Yet the appeal was not filed until 28 May 2001 without leave or any valid extension. The appeal is clearly filed out of time and therefore incompetent. Accordingly the appeal is struck out with costs including the costs of the application. Rule 81 however is of no merit as it does not apply
Dated and delivered at Nairobi this 6th day of June, 2002.
R.O. KWACH
........................... JUDGE OF APPEAL
A.A. LAKHA
............................. JUDGE OF APPEAL
S.E.O. BOSIRE
.................. JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR