STANDARD PROPERTIES LIMITED & CAPITAL TRUSTEES LIMITED vs HAIRCARE BEAUTICIANS LIMITED [1999] KECA 143 (KLR)
The bottom line
#Kenya's Court of Appeal confirmed that a Notice of Appeal filed late without permission is invalid and will be struck out, along with any orders based on it.
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 filed out of time without valid leave or extension should be struck out under rule 80 of the Court of Appeal Rules
Key legal issues
#Validity of a Notice of Appeal filed out of time without leave
A Notice of Appeal filed out of time without valid leave or extension of time must be struck out under rule 80, and orders made in reliance on it are vacated.
The application was brought under rule 80 of the Court of Appeal Rules. The Notice of Appeal was filed on 10th July 1998, beyond the prescribed time, and no leave or extension of time had been validly obtained, nor any leave to appeal. There was no replying affidavit opposing the application. In those uncontroverted circumstances the court allowed the application, struck out the notice and vacated its earlier order of 23rd July 1998, with costs to the applicants.
Legal principles established
#- A Notice of Appeal filed out of time, where no valid leave or extension of time has been obtained, is liable to be struck out under rule 80 of the Court of Appeal Rules, and any interim order founded on such a notice falls with it.
Court orders
#- 1.The Notice of Appeal is struck out
- 2.The Order of the Court made on 23rd July, 1998 is vacated
- 3.The applicants are awarded the costs of the application
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- High Court of Kenya at Nairobi
- H.C.C.C. No. 2494 of 1997
- Jurisdiction invoked
- Rule 80 of the Court of Appeal Rules (application to strike out a Notice of Appeal in an intended appeal)
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.
It was filed on 10th July, 1998 which is out of time. No leave or extension has been validly obtained Nor has any leave to appeal been obtained validly.
The notice of appeal is struck out and the Order of this Court made on 23rd July, 1998 is consequently vacated. The applicant shall have costs of this application.
Issues in the judgment
#The judgment does not name the author of the ruling; it is signed by all three judges collectively, so no individual authorship can be attributed.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "STANDARD PROPERTIES LIMITED & CAPITAL TRUSTEES LIMITED vs HAIRCARE BEAUTICIANS LIMITED [1999] KECA 143 (KLR)", Case Analysis (1999). Civil Miscellaneous Application 205 of 1998. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1999/143/eng@1999-05-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.