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Kenya Bus Services Ltd (Stage Coach Bus Service) v. Muna Isaack

(2004) JELR 100109 (CA)

Court of Appeal  •  Civ Appeal (Application) 223 of 2001  •  14 May 2004  •  Kenya

Coram
Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Aaron G Ringera

Judgement

RULING OF THE COURT

By this application expressed to be brought under rule 80 of the Court of Appeal Rules (the Rules) the respondent, the successful party in the suit before the superior court, prays that the Notice of Appeal filed in this Court by the appellant on 22nd June, 2001, and served on the respondent on 3rd July, 2001, be struck out as it was not served on the respondent within 7 days after lodging it as required by rule 76(1) of the Rules.

The default is readily admitted by Mr. Kinyanjui, counsel for the appellant, but he has in response raised a very interesting point. He has contended that as far as he is concerned, the operative date on the Notice of Appeal is the date upon which the Notice of Appeal is lodged, signed by the Deputy Registrar and the Seal of the Court affixed and appended on it.

Thus, Mr. Kinyanjui submits that as the Notice of Appeal was signed and sealed by the Deputy Registrar on 3rd July, 2001, the operative and material date is 3rd July, 2001. He averr…

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