Case Metadata |
|
| Case Number: | Civil Appeal 42 of 1995 |
|---|---|
| Parties: | Augustino Mwai v Okumu Ndede |
| Date Delivered: | 25 Oct 1995 |
| Case Class: | Civil |
| Court: | Court of Appeal at Nairobi |
| Case Action: | Ruling |
| Judge(s): | Riaga Samuel Cornelius Omolo, Akilano Molade Akiwumi, Philip Kiptoo Tunoi |
| Citation: | Augustino Mwai v Okumu Ndede [1995] eKLR |
| Case History: | (Appeal from the judgment of the High Court of Kenya at Nairobi (Justice Dugdale) dated the 27th day of October, 1994 IN H.C.C.C. NO. 5478 OF 1991) |
| Court Division: | Civil |
| County: | Nairobi |
| History Docket No: | H.C.C.C. NO. 5478 of 1991 |
| History Judges: | Norbury Dugdale |
| Case Summary: | [Ruling] Civil Practice and Procedure - appeal - striking out of appeal - application to strike out on the ground that the notice of appeal and record of appeal were served on the respondents outside of the prescribed time - appellant not having made any application to extend the time for service - application allowed. |
| History County: | Nairobi |
| Case Outcome: | Application succeeds |
| 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 NAIROBI
(CORAM: OMOLO, AKIWUMI & TUNOI, JJ.A.)
CIVIL APPEAL NO. 42 OF 1995
BETWEEN
AUGUSTINO MWAI…….…………..…….….APPELLANT
AND
OKUMU NDEDE………..……….…………RESPONDENT
(Appeal from the judgment of the High Court of Kenya at Nairobi (Justice Dugdale) dated the 27th day of October, 1994
in
H.C.C.C. NO. 5478 OF 1991)
************************
RULING OF THE COURT
The application to strike out the appeal must succeed. It is conceded by the appellants that the Notice of Appeal was served on the respondent out of time and that upto now, no application has been made to extend the time within which service of the Notice of Appeal may be served on the respondent. It is also conceded that the respondent was not served with the record of appeal within time and that on the 19th October, 1995, and without leave, the record of appeal was posted to the respondent. This will not do. It is also note worthy that the application to strike out was filed and served as far back as in June, 1995. The application as we have intimated, succeeds with costs for the respondent. It is so ordered.
Dated and delivered at Nairobi this 25th day of October, 1995.
R. S. OMOLO
………………………
JUDGE OF APPEAL
A. M. AKIWUMI
………………………
JUDGE OF APPEAL
P. K. TUNOI
………………………
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR
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