Alson Retreading Co. Ltd & 3 others v Stan Luchebeleli & another [2001] KECA 116 (KLR)
The bottom line
#A notice of appeal won't save your case — Kenya's Court of Appeal struck one out because the actual appeal was never filed in time.
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 should be struck out where an essential step in the appeal (lodging the appeal) has not been taken within the prescribed time
Key legal issues
#Striking out a notice of appeal for failure to lodge the appeal within the prescribed time
The notice of appeal was struck out because, months after service and receipt of the proceedings and ruling, no appeal had been lodged, meaning an essential step had not been taken within the prescribed time.
The court noted the notice of appeal was lodged and served on 18-2-2000 and that by the certificate of delay dated 15-5-2000 the respondents received copies of the proceedings and ruling on 15-5-2000. As at the hearing, no appeal had been lodged. That inaction constituted failure to take an essential step within the prescribed time, justifying striking out the notice of appeal and awarding costs to the applicants.
Legal principles established
#- Where an essential step in the appeal, namely lodging the appeal, is not taken within the prescribed time, the notice of appeal may be struck out.
Court orders
#- 1.The Notice of Appeal lodged in the Court on 18th February 2000 is struck out
- 2.Costs of the application awarded to the applicants
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- High Court of Kenya at Kisumu
- KSM.H.C.C.C. No. 257 of 1999
- Jurisdiction invoked
- Inherent appellate jurisdiction of the Court of Appeal over its own process (application to strike out a notice of appeal lodged in the Court)
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.
Consequently, an essential step in the proceedings has not been taken within the prescribed time and in the result, we grant the applicant's application and strike out the Notice of Appeal lodged in this Court on 18th February, 2000.
The costs of this application are awarded to the applicants.
Issues in the judgment
#The coram lists Lakha as 'JJ.A.' but the signature block describes A. A. Lakha only as 'JUDGE', an internal inconsistency in the rank designation.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Alson Retreading Co. Ltd & 3 others v Stan Luchebeleli & another [2001] KECA 116 (KLR)", Case Analysis (2001). Civil Application No. NAI 296 of 2000 (KSM. 52/2000). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2001/116/eng@2001-03-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.