[1997] KECA 195 (KLR)
The Court found that the respondent, having filed a notice of appeal but failing to file the substantive appeal or seek an extension of time despite being notified that the proceedings were ready, was in breach of the procedural requirements. The absence of any steps to progress the appeal justified the striking out...
Source-derived case information.
- Citation
- [1997] KECA 195 (KLR)
- Parties
- Applicant: William Wairagu Muigai; Respondent: The Teachers Service Commission
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 141 of 1997
- Procedural Posture
- Civil Application / Ruling on Notice of Appeal
- Outcome
- Notice of appeal struck out; costs awarded to applicant.
- Judges
- JE Gicheru, AB Shah
- Legal Topics
- Notice of Appeal, Striking Out Proceedings, Extension of Time, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Wairagu Muigai
Applicant
The Teachers Service Commission
Respondent
Procedural Posture
Civil Application / Ruling on Notice of Appeal
Legal Issues
- 1 Whether the notice of appeal filed by the respondent should be struck out for failure to file an appeal or seek extension of time.
- 2 Whether the applicant is entitled to costs of the application.
Ratio Decidendi
The Court found that the respondent, having filed a notice of appeal but failing to file the substantive appeal or seek an extension of time despite being notified that the proceedings were ready, was in breach of the procedural requirements. The absence of any steps to progress the appeal justified the striking out of the notice of appeal. The applicant, being successful in the application, was entitled to costs. The Court accordingly struck out the notice of appeal and awarded costs to the applicant.
Court Disposition
Notice of appeal struck out; costs awarded to applicant.
Orders
- The notice of appeal filed by the respondent on 24th September, 1996 is struck out.
- The applicant will have costs of this application.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: GICHERU, SHAH JJ.A. & BOSIRE AG. J.A)
CIVIL APPLICATION NO. NAI 141 OF 1997
BETWEEN
WILLIAM WAIRAGU MUIGAI.....................................APPLICANT
AND
THE TEACHERS SERVICE COMMISSION...............RESPONDENT
RULING OF THE COURT
The respondent filed notice of appeal in the superior court on 24th September, 1996. This was against the ruling of Mbogholi-Msagha J delivered on 19th September, 1996. The registry of the superior court informed the respondent that the copies of proceedings and ruling bespoken by the respondent were ready. This was by the letter dated 3/2/97. To-date no appeal has been filed; nor has there been an application for extension of time. In the circumstances the notice of appeal filed by the respondent on 24th September, 1996 is struck out. The applicant will have costs of this application.
Dated and delivered at Nairobi this 6th day of October, 1997.
J. E. GICHERU
.............................
JUDGE OF APPEAL
A. B. SHAH
.............................
JUDGE OF APPEAL
S. E. O. BOSIRE
...................................
AG. JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR