The appeal is incompetent because the notice of intention to appeal was filed beyond the prescribed ten-day period without an application for extension of time.
The appeal was struck out as incompetent due to failure to serve the notice of appeal on the respondent as required by Rule 84(1) and for being lodged out of time without proof of service of the request for proceedings, thus not meeting the requirements for exclusion of time under Rule 90(3).
The appeal was filed out of time because the period for filing must be computed from the date the Registrar notified the appellant that documents were ready for collection (17th December 2020), not the date of actual receipt. The certificate of delay was defective and could not be rectified to salvage a time-barred appeal. The preliminary objection was sustained and the appeal struck out as incompetent.
The respondent requested all necessary documents for appeal, including interlocutory proceedings, within the prescribed time. The failure to supply all requested documents by the Deputy Registrar stalled the appeal process. The respondent's actions constituted taking essential steps in pursuing the intended appeal. The application to strike out the notice of appeal lacks merit.
The Court of Appeal struck out the appeal as incompetent for failure to serve the notice of appeal and the letter seeking certified proceedings on the respondents.
The High Court upheld an execution order against Vitus Kasike and dismissed his land appeal, finding no merit in objections about representation, standing, or timing.
The High Court Land Division dismissed a land appeal for non-appearance of the appellant and her advocate, and noted the appeal would also have been time-barred.