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Shobnaben Pankaj Patani v. Crown Match Company Ltd, Pradeep Patani & Mahendra Patani

(2006) JELR 96450 (CA)

Court of Appeal  •  Civil Appeal (Appli) 174 of 2004  •  14 Jul 2006  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu

Judgement

RULING OF THE COURT

Before us is an application by way of a notice of motion stated to have been brought under “Rules 42(1), 52(2)(c), 74(1), 80 and 81(1) of the Court of Appeal Rules”. In this application the applicant Shobnaben Pankaj Patani is seeking:-

“an order that the Notice of Appeal lodged on 12th May, 2003 and the Appeal lodged on 10th August, be struck out on the grounds that the Notice of Appeal is incurably defective, in that it does not comply with the provisions of Rule 74(1) of the Court of Appeal Rules and that the Appeal has not been instituted within the stipulated period of sixty (60) days of the date of the lodgment of the Notice of Appeal.”

The applicant also asked for costs of and incidental to this application and the appeal.

There were two parts to this application, in that, the first part related to the notice of appeal not being in conformity with rule 74(1) of and rule 79(1) of this Court’s Rules (the Rules) and the second part related to the appeal itself havi…

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