NAFTAL O. NYAGWACHI vs PAVE AUCTIONEERS [1998] KECA 75 (KLR)
The bottom line
#Kenya's Court of Appeal struck out a Notice of Appeal filed late, confirming that missed appeal deadlines can end an appeal entirely.
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 was filed and served out of time and should be struck out
Key legal issues
#Whether a Notice of Appeal filed and served out of time should be struck out
The court struck out the Notice of Appeal, the respondent conceding that it was filed and served out of time.
The ruling is a one-paragraph disposition. The court recorded that the Notice of Appeal was filed and served out of time, a fact conceded by counsel for the respondent, and on that basis struck out the Notice of Appeal with costs to the applicant. No extended reasoning is set out in the certified copy of the ruling.
Legal principles established
#- A Notice of Appeal filed and served out of time is liable to be struck out on application.
Court orders
#- 1.The Notice of Appeal is struck out with costs to the Applicant
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- High Court of Kenya at Kisii
- H.C.C.C. No. 28 of 1988
- Jurisdiction invoked
- Inherent/appellate jurisdiction of the Court of Appeal over an intended appeal from the High Court (application to strike out a Notice of Appeal filed out of time)
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.
The Notice of appeal in this matter was filed and served out of time. Mr. Menezes for the respondent concedes to this.
In the result the said Notice of Appeal is struck out with costs to the Applicant.
Issues in the judgment
#The document is a certified copy of a very brief ruling; it contains no extended reasoning, no citation of authorities or statutory provisions, and no neutral citation.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "NAFTAL O. NYAGWACHI vs PAVE AUCTIONEERS [1998] KECA 75 (KLR)", Case Analysis (1998). Civil Application No. NAI. 99 of 1997 (KSM 10/97). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1998/75/eng@1998-03-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.