ROBLEY MUKTAR LUCUQH,ZAMZAM OMAR vs KIMEMIA WANJOHI,COASTLINE SAFARIS LIMITED [2003] KECA 137 (KLR)
The bottom line
#Kenya's Court of Appeal struck out an appeal filed over a month late, confirming that a late appeal notice is invalid without permission.
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 Notice of Appeal lodged on 9th October 2001 was filed outside the time prescribed by the Court's Rules and is therefore invalid
- 2.Whether the invalid Notice of Appeal should be struck out
Key legal issues
#Validity of a Notice of Appeal filed out of time without extension
A Notice of Appeal lodged beyond the prescribed period is invalid and will be struck out on application.
The intended appeal was from a judgment delivered on 4th September 2001. The Notice of Appeal was not lodged until 9th October 2001, well outside the period prescribed by the Rules of the Court. No extension of time was in place, so the Notice was a nullity and was struck out with costs.
Legal principles established
#- A Notice of Appeal lodged outside the time prescribed by the Court of Appeal Rules is invalid and liable to be struck out.
Court orders
#- 1.The Notice of Appeal dated 21st September 2001 and lodged on 9th October 2001 is struck out
- 2.Costs of the application to the applicants
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- High Court of Kenya at Mombasa
- H.C.C.C No. 99 of 1997
- Jurisdiction invoked
- Inherent/appellate jurisdiction of the Court of Appeal over an intended appeal from the High Court under the Court of Appeal Rules (application to strike out an invalid Notice of Appeal)
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.
We grant the application as prayed in the motion before us.
The Notice of Appeal was lodged on 9th October, 2001, well outside the time prescribed by the Rules of this Court. Thus, the Notice of Appeal so lodged is invalid. It is ordered struck out with costs to the applicants.
Issues in the judgment
#The case header describing the intended appeal from the High Court is truncated mid-date in the record supplied ('dated 4th September, 20'), leaving the full date only inferable from the body of the ruling.
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (3)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Josephine v Attorney General (Criminal Appeal 128 of 2009) [2015] KECA 407 (KLR)[2015] KECA 407 (KLR)25 Sept 2015followed
- KENYA PLANTATION AND AGRICULTURAL WORKERS UNION V JAMES FINLAY (K) LIMITED [2013] KEELRC 422 (KLR)[2013] KEELRC 422 (KLR)22 Mar 2013
- KENYA PLANTATION AND AGRICULTURAL WORKERS UNION V JAMES FINLAY (K) LIMITED [2013] KEELRC 401 (KLR)[2013] KEELRC 401 (KLR)22 Mar 2013
Cite this brief
#Cite this brief
Caselaw, "ROBLEY MUKTAR LUCUQH,ZAMZAM OMAR vs KIMEMIA WANJOHI,COASTLINE SAFARIS LIMITED [2003] KECA 137 (KLR)", Case Analysis (2003). Civil Application No. Nai. 350 of 2002. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2003/137/eng@2003-01-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.