Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
Court of AppealAllowedCivil Application No. Nai. 345 of 2002

Diana Wanjiru Munyi v Gladys Wanjiru Munyi [2003] KECA 138 (KLR)

Court of Appeal
7 April 2003
229 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

#

The Court of Appeal struck out an appeal notice left dormant for years — filing a notice alone does not keep an appeal alive.

What this practically means

#

Executive summary

#
This is a short ruling of the Court of Appeal at Nairobi (Kwach, Lakha and Keiwua, JJ.A.) delivered on 7 April 2003 in the estate matter of the late Julius Munyi Kaara. The applicant, Diana Wanjiru Munyi, moved the Court under rule 80 of the Court of Appeal Rules seeking to strike out a Notice of Appeal lodged on 26 July 2000 against the judgment of the superior court (Mulwa, J.) given on 14 July 2000. The applicant showed that the respondent's advocates were notified on 11 January 2002 that copies of the proceedings were ready, which fixed 15 March 2002 as the last day for filing the substantive appeal. No appeal was filed by that date, nor had one been filed by the time of the application. Instead, the respondent applied on 14 March 2003 for an extension of time, nearly a year after the deadline had lapsed. The Court held that it was not persuaded that there was any good reason to refuse the striking-out application, allowed it, and struck out the notice of appeal as prayed with costs. The ruling leaves the respondent free only to pursue the separate extension-of-time application; the notice of appeal itself no longer stands.

Questions the Court framed

#

The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Notice of Appeal lodged on 26 July 2000 should be struck out under rule 80, given that no appeal was filed within the prescribed time after the proceedings were ready

Key legal issues

#
01

Whether the notice of appeal should be struck out for want of prosecution following failure to institute the appeal in time

Holding

The Court found no good reason to refuse the striking-out application and struck out the notice of appeal with costs.

Reasoning

The respondent's advocates were notified on 11 January 2002 that copies of the proceedings were ready, fixing 15 March 2002 as the last day for filing the appeal. No appeal was filed by that date nor at any time since; instead, an application for extension of time was made on 14 March 2003, almost a year later. In those circumstances the Court was not persuaded that any good reason existed to decline the striking-out.

p. 2

Legal principles established

#
  • Where a party fails to file an appeal by the last day for filing after notification that proceedings are ready, and no appeal has been filed, the notice of appeal may be struck out under rule 80 of the Court of Appeal Rules.

Court orders

#
  1. 1.The application to strike out the Notice of Appeal is granted as prayed with costs

The bench

#

One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

majority

Wrote the judgment

majority

Wrote the judgment

On appeal from
High Court
Jurisdiction invoked
Rule 80 of the Court of Appeal Rules (Rules of this 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.

Accordingly the application to strike out the notice of appeal succeeds. It is granted as prayed with costs.
p. 2Final orders - striking out of notice of appeal
We are not persuaded that there is any good reason why the applicant's application to strike out should not be granted.
p. 2Want of prosecution of appeal

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Diana Wanjiru Munyi v Gladys Wanjiru Munyi [2003] KECA 138 (KLR)", Case Analysis (2003). Civil Application No. Nai. 345 of 2002. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2003/138/eng@2003-04-07

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.