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Kenya Ports Authority v. Maur Abdalla Bwanamaka

(2018) JELR 99981 (CA)

Court of Appeal  •  Civil Appeal (Application) 49 of 2018  •  6 Dec 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

[1] By an application dated 21st June, 2018, the respondent’s key prayer inter alia is that ‘the Notice of appeal and appeal filed herein is withdrawn under Rule 82 (1) (a) of the Court of Appeal Rules (the Rules).’ The reasons advanced in support of this prayer are that the appellant failed to comply with the timelines set out under the Rules regarding the filing of the appeal, and as a result, the appeal that was filed out of time is thus incompetent. In an affidavit sworn by the respondent in support of the application, he deposes that on 19th July, 2017, the appellant applied for typed proceedings, which were duly prepared and ready for collection on 31st January, 2018.

[2] According to the respondent, the appeal should have been lodged by 31st March, 2018, or at the very latest, by 8th April, 2018. He pointed out that by a letter dated 7th February, 2018, he even informed the appellant that the proceedings were ready for collection, but the appellant still neg…

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