Case Metadata |
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Case Number: | Civil Appeal (Application) 3 of 2015 |
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Parties: | Okeno & Sons Building Contractors v Bukura Agricultural College |
Date Delivered: | 04 Mar 2016 |
Case Class: | Civil |
Court: | Court of Appeal at Kisumu |
Case Action: | Ruling |
Judge(s): | David Kenani Maraga, Daniel Kiio Musinga, Stephen Gatembu Kairu |
Citation: | Okeno & Sons Building Contractors v Bukura Agricultural College [2016] eKLR |
Case History: | (An Appeal from the Ruling and Orders of the High Court of Kenya at Kakamega, (G. Dulu, J.) dated 3rd October, 2014 and delivered by (A. C. Mrima, J.) on 23rd October, 2014 in H.C MISC. CIVIL APPLICATION NO.206 OF 2013) |
Court Division: | Civil |
History Docket No: | H.C MISC. CIVIL APPLICATION NO.206 OF 2013 |
History Judges: | George Matatia Abaleka Dulu |
Case Outcome: | Application dismissed |
Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
IN THE COURT OF APPEAL
AT KISUMU
(CORAM: MARAGA, MUSINGA & GATEMBU, JJ.A)
CIVIL APPEAL (APPLICATION) NO. 3 OF 2015
BETWEEN
OKENO & SONS BUILDING
CONTRACTORS …………………………… APPELLANTS
VERSUS
BUKURA AGRICULTURAL
COLLEGE …………………………………… RESPONDENT
(An Appeal from the Ruling and Orders of the High Court of Kenya at Kakamega, (G. Dulu, J.) dated 3rd October, 2014 and delivered by (A. C. Mrima, J.) on 23rd October, 2014
in
H.C MISC. CIVIL APPLICATION NO.206 OF 2013)
***************************************
RULING OF THE COURT
“A person affected by an appeal may at any time, either before or after the institution of the appeal, apply to the Court to strike out the notice or the appeal, as the case may be, on the ground that no appeal lies or that some essential step in the proceedings has not been taken or has not been taken within the prescribed time.
Provided that an application to strike out a notice of appeal or an appeal shall not be brought after the expiry of thirty days from the date of service of the notice of appeal or record of appeal as the case may be.”
Orders accordingly.
Dated at Kisumu this 4th day of March, 2016.
D. K. MARAGA
………………………..
JUDGE OF APPEAL
D. K. MUSINGA
………………………..
JUDGE OF APPEAL
S. GATEMBU KAIRU, FCIArb
………………………………….
JUDGE OF APPEAL
I certify that this is a true
Copy of the original.
…………………………….
DEPUTY REGISTRAR