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MUKESH MANCHAND SHAH & ANOR
V.
PRIYAT SHAH & ANOR

(2015) JELR 96892 (CA)

Court of Appeal 19 May 2015 Kenya
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- The appellant objected to the respondent’s notice of cross appeal on grounds that it was lodged out of time and improperly in the High Court registry, instead of the Court of Appeal, as required by Rule 93(2) of the Court of Appeal Rules.

Case Details

Suit Number:Civil Appeal 39 of 2014
Judges:Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti
Location:Mombasa
Other Citations:Mukesh Manchand Shah & another v. Priyat Shah & another [2015] eKLR

RULING OF THE COURT

When this appeal came up for hearing on 11th March, 2015, counsel agreed by mutual consent that it be determined by way of written submissions. The Court set 22nd April, 2015 to mention it for the purpose of either highlighting the submissions or taking a date for judgment. The appeal was, as a matter of fact and pursuant to that order, listed before us on 22nd April, 2015. On record was a notice of cross appeal which had been filed the previous day, on 21st April, 2015.

Mr. Inamdar, learned counsel for the appellant objecting to the notice of cross appeal, submitted that in terms of Rule 93(2) of the Court of Appeal Rules and the holding in Mukisa Biscuit Manufacturing Co. Ltd v. West End Distributors Ltd [1969] E.A. 696, the notice of cross appeal was irregularly on record and urged us to accordingly expunge it.

Mr. Khagram, learned counsel for the respondent for his part argued that the notice of cross appeal was first erroneously filed on 19th March, 2015 in the H…

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