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Court of AppealAllowedCivil Application No. NAI. 99 of 1997 (KSM 10/97)· [1998] KECA 75 (KLR)

NAFTAL O. NYAGWACHI vs PAVE AUCTIONEERS [1998] KECA 75 (KLR)

Court of Appeal
25 March 1998
158 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal struck out a Notice of Appeal filed late, confirming that missed appeal deadlines can end an appeal entirely.

What this practically means

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Executive summary

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This is a brief ruling of the Court of Appeal at Kisumu (Chesoni, C.J., Gicheru and Omolo, JJ.A.) delivered on 25 March 1998 in Civil Application No. NAI. 99 of 1997 (KSM 10/97). The applicant, Naftal O. Nyagwachi, moved to strike out a Notice of Appeal lodged by the respondent, Pave Auctioneers, in an intended appeal from the judgment of the High Court of Kenya at Kisii (Mbaluto, J.) dated 28 June 1994 in H.C.C.C. No. 28 of 1988. The court recorded that the Notice of Appeal had been filed and served out of time, a fact expressly conceded by Mr. Menezes, counsel for the respondent. On that concession, the court struck out the Notice of Appeal and awarded costs to the applicant. The ruling contains no discussion of authorities, no statutory analysis, and no separate opinions; it is a single disposition of the full bench. Its practical significance lies in confirming that a Notice of Appeal filed and served out of time is vulnerable to being struck out on application, particularly where the delay is conceded. The certified copy does not include a neutral citation.

Key legal issues

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01

Whether a Notice of Appeal filed and served out of time should be struck out

Holding

The court struck out the Notice of Appeal, the respondent conceding that it was filed and served out of time.

Reasoning

The ruling is a one-paragraph disposition. The court recorded that the Notice of Appeal was filed and served out of time, a fact conceded by counsel for the respondent, and on that basis struck out the Notice of Appeal with costs to the applicant. No extended reasoning is set out in the certified copy of the ruling.

p. 2

Legal principles established

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  • A Notice of Appeal filed and served out of time is liable to be struck out on application.

Court orders

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  1. 1.The Notice of Appeal is struck out with costs to the Applicant
On appeal from
High Court of Kenya at Kisii
H.C.C.C. No. 28 of 1988
Jurisdiction invoked
Inherent/appellate jurisdiction of the Court of Appeal over an intended appeal from the High Court (application to strike out a Notice of Appeal filed out of time)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "NAFTAL O. NYAGWACHI vs PAVE AUCTIONEERS [1998] KECA 75 (KLR)", Case Analysis (1998). Civil Application No. NAI. 99 of 1997 (KSM 10/97). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1998/75/eng@1998-03-25

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.