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Paul Wanyonyi v. Silver Star Parcels Services Limited

(2010) JELR 96567 (CA)

Court of Appeal  •  Civil Appeal (Application) 250 of 2009  •  30 Apr 2010  •  Kenya

Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji



This is an application by the respondent in the appeal under Rules 80 and 81 (1) of the Court of Appeal Rules (Rules) for an order that the appeal be struck out on the ground that it was instituted out of time without leave of the Court.

Rule 81 (1) of the Rules, stipulates that an appeal should be instituted within sixty days of the date when the notice of appeal is lodged:

“Provided that when application for a copy of proceedings in the superior court has been made in accordance with sub-rule (2) within 30 days of the date of the decision against which it is desired to appeal, there, shall, in computing the time within which the appeal is to be instituted be excluded such time as may be certified by the registrar of the superior court as having been necessary for the preparation and delivery to the appellant of such copy”. (Emphasis ours).

Sub-rule (2) of Rule 81 disentitles an appellant reliance on the proviso unless the application for such copy was in writing and …

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