Customer Support

MATAYO OWAKO OYIERA
V.
HELDA AKOO OKOTH

(1997) JELR 97647 (CA)

Court of Appeal 12 Mar 1997 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:civil appl no. nai. 248 of 95
Judges:Akilano Molade Akiwumi, Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire
Location:Kisumu
Other Citations:Matayo Owako Oyiera v. Helda Akoo Okoth [1997] eKLR

RULING OF THE COURT

After hearing an application under rule 4 of the Rules of this Court for extension of time to file a notice of appeal and an appeal, the learned single judge, Kwach, JA, declined to grant the extension. The applicant was dissatisfied with the decision and hence the reference before us. His submission is that he has an automatic right of appeal against the decision intended to be appealed against.

From what we can glean from the applicant's affidavit in support of the application for extension of time, he was the unsuccessful party in Kakamega High Court Civil Case No. 310 of 1988 (OS). He was aggrieved and appealed against that decision. However, his appeal, viz Civil Appeal No. 40 of 1994, was struck out on 13th June, 1995 because the record of appeal did not include a certified copy of the decree appealed against as is mandatorily required by rule 85 (1) (h) of the Rules of this Court. It, therefore, meant that the applicant had to restart the appeal process; hence…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.