[1999] KECA 50 (KLR)
The Court held that since an extension of time to serve the notice of appeal had already been granted in a previous application, the present application to strike out the notice of appeal for late service was rendered untenable. The extension regularized the procedural defect, and thus there was no basis for...
Source-derived case information.
- Citation
- [1999] KECA 50 (KLR)
- Parties
- Applicant: Watahi Kairu; Respondent: Rahab Wambui Waweru
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 105 of 1997
- Procedural Posture
- Civil Application / Ruling on Application to Strike Out Notice of Appeal
- Outcome
- application dismissed
- Legal Topics
- Notice of Appeal, Extension of Time, Striking Out Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Watahi Kairu
Applicant
Rahab Wambui Waweru
Respondent
Procedural Posture
Civil Application / Ruling on Application to Strike Out Notice of Appeal
Legal Issues
- 1 Whether the application to strike out the notice of appeal can succeed after extension of time to serve the notice was granted.
Ratio Decidendi
The Court held that since an extension of time to serve the notice of appeal had already been granted in a previous application, the present application to strike out the notice of appeal for late service was rendered untenable. The extension regularized the procedural defect, and thus there was no basis for striking out the notice. The application was accordingly dismissed.
Court Disposition
application dismissed
Orders
- The application to strike out the notice of appeal is dismissed.
- There is no order as to costs.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, TUNOI & LAKHA, JJ.A.) CIVIL APPLICATION NO. NAI. 105 OF 1997 BETWEEN
WATAHI KAIRU ..................................................................................... APPLICANT AND RAHAB WAMBUI WAWERU ................................................................ RESPONDENT
(Application to strike out a Notice of Appeal in an intended Appeal from Judgment of the High Court of Kenya at Nairobi (Mr. Justice Khamoni) dated 15th November, 1990 in H.C.C.(OS) NO. 3195 OF 1981) **************** RULING OF THE COURT
As extension of time to serve the Notice of Appeal on the applicant was given by this Court on 24th October, 1997, in Civil Application No NAI 150/97, this application cannot succeed. It is accordingly dismissed with no order as to costs.
Dated and delivered at Nairobi this 23rd day of March, 1999.
R. O. KWACH
------------------------
JUDGE OF APPEAL
P. K. TUNOI
---------------------------
JUDGE OF APPEAL
A. A. LAKHA
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JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR