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Shadrack Abraham Kisongoch v. Kenya Airports Authority

(2015) JELR 96766 (CA)

Court of Appeal  •  Civil Application 83 of 2014  •  14 May 2015  •  Kenya

Coram
David Kenani Maraga, Festus Azangalala, Sankale ole Kantai

Judgement

RULING OF THE COURT

1. This is an application brought under Rules 42(1), 43(1), 83 and 84 of the Court of Appeal to strike out the respondent's notice of appeal dated 23rd September, 2014 and lodged in court the following day.

2. The application is premised on the ground that the record of appeal filed pursuant to that notice of appeal was filed out of the prescribed period without leave of court.

3. According to counsel for the applicant, the High Court proceedings having been ready for collection on 31st October 2014, even after excluding the Christmas vacation when, as stated in Order 50 Rule 4 of the Civil Procedure Rules, time does not run for purposes of filing pleadings in civil cases, the respondent should have filed its record of appeal by 22nd January 2015.

4. The proviso to Rule 82(1) of the Court of Appeal Rules read together with sub-rule (2) of that Rule provides that where the letter bespeaking of proceedings is filed in court within thirty days of the date of the decision …

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