MARY KIRIGO KAMUNDI & 3 OTHERS vs ESTHER WANGUI KAMUNDI [1997] KECA 145 (KLR)
The bottom line
#Kenya's Court of Appeal struck out a Notice of Appeal because the appellant failed to serve it on the other side within seven days as the rules require.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the respondent's Notice of Appeal should be struck out for failure to serve it on the applicants within the seven-day period prescribed by rule 76 of the Court of Appeal Rules
Key legal issues
#Non-service of a Notice of Appeal within the seven-day period under rule 76 of the Court of Appeal Rules
The Notice of Appeal was struck out because it was admitted that it was not served on the applicants within the seven-day period prescribed by rule 76.
Counsel for the respondent admitted at the hearing that the Notice of Appeal was never served on the applicants, or any of them, within the seven days prescribed by rule 76 of the Court of Appeal Rules. On that concession, the court found the application for striking out unanswerable, allowed it, struck out the Notice of Appeal lodged on 29th July 1996, and awarded the applicants the costs of the application.
Legal principles established
#- A Notice of Appeal must be served on the respondent within the seven-day period prescribed by rule 76 of the Court of Appeal Rules, and failure to do so exposes the Notice of Appeal to being struck out.
Court orders
#- 1.The Notice of Appeal lodged on 29th July, 1996 by the respondent is struck out
- 2.Costs of the application awarded to the applicants
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- High Court of Kenya at Nyeri
- H.C.C.C. No. 183 of 1995
- Jurisdiction invoked
- Court of Appeal Rules, rule 76 (application to strike out a Notice of Appeal for non-compliance with the Rules)
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
It is admitted by the counsel for the respondent, Mr. Mwangi, that Notice of Appeal was not served upon the applicants or any of them within seven days period as prescribed by rule 76 of the Court of Appeal Rules.
This application therefore must succeed and is allowed. We hereby strike out the Notice of Appeal lodged on 29th July, 1996 by the respondent. We award the costs of this application to the applicants.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "MARY KIRIGO KAMUNDI & 3 OTHERS vs ESTHER WANGUI KAMUNDI [1997] KECA 145 (KLR)", Case Analysis (1997). Civil Application No. NAI. 158 of 1997 (Nyr. 9/97). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1997/145/eng@1997-10-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.