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JOHN BENJAMIN WANYAMA
V.
KENYA COMMERCIAL BANK

(2016) JELR 97761 (CA)

Court of Appeal 11 Oct 2016 Kenya
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Case Details

Suit Number:Civil Application 35 of 2016
Judges:David Kenani Maraga Daniel Kiio Musinga Agnes Kalekye Murgor
Location:Kisumu
Other Citations:John Benjamin Wanyama v. Kenya Commercial Bank [2016] eKLR

RULING OF THE COURT

The applicant’s notice of motion dated 5th May 2016 seeks to strike out the respondent’s notice of appeal lodged on 24th June 2015. The application was supported by an affidavit sworn by John Wanyama Benjamin, the applicant herein.

The applicant has deponed that the respondent’s notice of appeal dated 18th June 2015 was lodged in the registry on 24th June 2015, and that contrary to the requirements of Rule 76 (1) of this Court’s Rules such notice had not been served upon him up to the time of filing this application. The applicant further deponed that in accordance with Rule 82 a party that failed to file an appeal within the period specified was deemed to have withdrawn the appeal. As a consequence, on account of the respondent’s failures and omissions the applicant urged the Court to find that the respondent’s notice of appeal was incompetent and to strike it out.

In a replying affidavit sworn by Wilson Kimeli Matinkwony, the respondent’s Operations Manager, it was …

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