Login Register

Julie Mukami Kanyoko, Simon Ngeta Kanyoko & Perpetua Wanjiru Kanyoko v. Samuel Mukua Kamere & Wambui Kamere

(2015) JELR 100481 (CA)

Court of Appeal  •  Civil Application 324 of 2014  •  25 Sep 2015  •  Kenya

Erastus Mwaniki Githinji, Philomena Mbete Mwilu, Sankale ole Kantai



1. This is an application by JULIE MUKAMI, SIMON NGETA KANYOKO and PERPETUA WANJIRU, the applicants, under rules 84, 42(1) and 43(1) of the Rules of this Court for striking out the notice of appeal dated 26th November, 2014. The application is based on the grounds on the face of it and supported by the affidavit of Julie Mukami Kanyoko, on her own behalf and with authority from the other applicants.

2. The facts as they relate to this application are that a ruling was delivered by the Honourable Justice Mutungi on 14th July, 2014 in which the trial judge denied the respondents’ application to review the trial judge’s earlier ruling denying the respondents leave to defend the suit. An interlocutory judgment had been entered against the respondents mainly on account of the respondents’ failure to adhere to laid down procedures and timelines and the dilatory conduct of the respondent at the trial. The matter was thus expected to proceed for formal proof hearing before t…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login