JASWANT SINGH DHINGRA vs JASWINDER DHINGRA [1999] KECA 135 (KLR)
The bottom line
#Kenya's Court of Appeal struck out a notice of appeal because the appellant did nothing after filing it, confirming that appeals cannot be left dormant.
What this practically means
#Executive summary
#Key legal issues
#Whether an intending appellant's inordinate inaction after filing a notice of appeal justifies striking out the notice
Yes. Where the intending appellant has neither filed a record of appeal nor sought an extension of time, the notice of appeal will be struck out on application by the respondent.
The respondent to the intended appeal filed a notice of appeal on 18th December 1998 but, by the date of the application, had taken no step to prosecute the appeal: no record of appeal was filed and no extension of time was sought. The court characterized this as the appellant having gone to sleep, held the applicant's application proper, and struck out the notice with costs.
Legal principles established
#- A notice of appeal may be struck out where the intending appellant neither files a record of appeal nor applies for extension of time, and instead goes to sleep on the appeal.
Court orders
#- 1.The notice of appeal filed in Court on 18th December, 1998 be struck out with costs to the applicant
- On appeal from
- High Court of Kenya at Nairobi
- Succession Cause No. 2572 of 1996
- Jurisdiction invoked
- Inherent appellate jurisdiction of the Court of Appeal over a notice of appeal filed in an intended appeal from the High Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "JASWANT SINGH DHINGRA vs JASWINDER DHINGRA [1999] KECA 135 (KLR)", Case Analysis (1999). Civil Application No. 224 of 1999. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1999/135/eng@1999-11-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.