[2024] KEHC 3879 (KLR)

[2024] KEHC 3879 (KLR)

The court found that the appellant filed the appeal on 10th December 2020, whereas the impugned ruling was delivered on 26th November 2020. Rule 55(5) of the Auctioneers Rules, 1997 requires appeals to be filed within seven days. The appellant did not seek or obtain leave of court to file the appeal out of time....

Source-derived case information.

Citation
[2024] KEHC 3879 (KLR)
Parties
Appellant: Zhonghao Overseas Construction Company Limited; Respondent: Bella Onyango Orare
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Civil Appeal E020 of 2020
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection/competency of Appeal
Outcome
Appeal struck out as incompetent for being filed out of time without leave of court.
Judges
RE Aburili
Legal Topics
Appeal Out of Time, Leave of Court, Auctioneers Rules, Summary Rejection, Competency of Appeal
Source Language
en
Civil Procedure Appeal Out of Time Leave of Court Auctioneers Rules Summary Rejection Competency of Appeal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Zhonghao Overseas Construction Company Limited

Appellant

Bella Onyango Orare

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection/competency of Appeal

Legal Issues

  1. 1 Whether the appeal was filed within the prescribed time under the Auctioneers Rules, 1997.
  2. 2 Whether leave of court was obtained to file the appeal out of time.
  3. 3 Whether the appeal is competent before the court.

Ratio Decidendi

The court found that the appellant filed the appeal on 10th December 2020, whereas the impugned ruling was delivered on 26th November 2020. Rule 55(5) of the Auctioneers Rules, 1997 requires appeals to be filed within seven days. The appellant did not seek or obtain leave of court to file the appeal out of time. Consequently, the appeal was filed out of time without leave, rendering it incompetent. The court summarily rejected and struck out the appeal for want of compliance with the mandatory procedural requirements.

Court Disposition

Appeal struck out as incompetent for being filed out of time without leave of court.

Orders

  • The appeal is summarily rejected as it was filed out of time without leave of court.
  • The appeal is struck out for being incompetent.