Diamond Trust Bank Kenya Limited v Anwar Mohamed Bayusuf Limited
The bottom line
#The Court of Appeal struck out a Notice of Appeal because it was served late, confirming Kenya's strict 7-day service deadline must be met.
What this practically means
#Executive summary
#Key legal issues
#Whether late service of a Notice of Appeal outside the 7 days allowed under Rule 77(1), without leave, renders the notice incompetent
The Notice of Appeal was served outside the 7 days allowed by the Rules and no leave was obtained; the notice is incompetent and was struck out.
The applicant deposed, through its debt recovery officer, that the Notice of Appeal was served on 7th June 2017, outside the 7-day period stipulated in Rule 77(1) of the Court of Appeal Rules, and without leave. The application was unopposed, the respondent having neither responded nor appeared despite service of the hearing notice, so the depositions stood uncontroverted and the court found no reason to decline to strike out the notice.
Legal principles established
#- A Notice of Appeal must be served within the 7-day period stipulated in Rule 77(1) of the Court of Appeal Rules, and service outside that period without leave of the Court renders the Notice of Appeal incompetent and liable to be struck out.
Court orders
#- 1.The Notice of Appeal dated 25th May 2017 in respect of Mombasa HCC No. 13 of 2013 is struck out as prayed
- 2.No orders as to costs
- On appeal from
- High Court of Kenya at Mombasa
- Mombasa High Court Case No. 13 of 2013
- Jurisdiction invoked
- Rule 77(1) and Rule 84 of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Diamond Trust Bank Kenya Limited v Anwar Mohamed Bayusuf Limited", Case Analysis (2018). Civil Application No. 39 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2018/139/eng@2018-11-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.