Diana Wanjiru Munyi v Gladys Wanjiru Munyi [2003] KECA 138 (KLR)
The bottom line
#The Court of Appeal struck out an appeal notice left dormant for years — filing a notice alone does not keep an appeal alive.
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 26 July 2000 should be struck out under rule 80, given that no appeal was filed within the prescribed time after the proceedings were ready
Key legal issues
#Whether the notice of appeal should be struck out for want of prosecution following failure to institute the appeal in time
The Court found no good reason to refuse the striking-out application and struck out the notice of appeal with costs.
The respondent's advocates were notified on 11 January 2002 that copies of the proceedings were ready, fixing 15 March 2002 as the last day for filing the appeal. No appeal was filed by that date nor at any time since; instead, an application for extension of time was made on 14 March 2003, almost a year later. In those circumstances the Court was not persuaded that any good reason existed to decline the striking-out.
Legal principles established
#- Where a party fails to file an appeal by the last day for filing after notification that proceedings are ready, and no appeal has been filed, the notice of appeal may be struck out under rule 80 of the Court of Appeal Rules.
Court orders
#- 1.The application to strike out the Notice of Appeal is granted as prayed with costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
Wrote the judgment
Wrote the judgment
- On appeal from
- High Court
- Jurisdiction invoked
- Rule 80 of the Court of Appeal Rules (Rules of this Court)
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.
Accordingly the application to strike out the notice of appeal succeeds. It is granted as prayed with costs.
We are not persuaded that there is any good reason why the applicant's application to strike out should not be granted.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Diana Wanjiru Munyi v Gladys Wanjiru Munyi [2003] KECA 138 (KLR)", Case Analysis (2003). Civil Application No. Nai. 345 of 2002. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2003/138/eng@2003-04-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.