Cyber Access Limited v National Land Commission

4. We have considered the application, to which as already noted there was no opposition. As stated, the impugned judgment was delivered on 23rd January 2020. Under Rule 75 of the Court of Appeal Rules, a person desiring to appeal the decision had 14 days within which to lodge a notice of appeal with the registrar of the superior court. The respondent’s notice of appeal dated 23rd January 2020 which is exhibited to the supporting adavit has a faint stamp date on the top that reads 24th January 2020. It is not clear from the exhibit whether that stamp, is a stamp of the lower court as all there is, is a date. However, at the foot, the notice of appeal bears the signature of the Deputy Registrar High Court of Kenya at Mombasa below a date of 30th January 2020 when it is indicated, based on the printed words, that it was lodged in the Court of Appeal at Mombasa. Going by date of lodging the notice of appeal against which the signature of the Deputy Registrar of the High Court appears, we take it that the date of 30th January 2020 is the date when the notice was lodged. That, therefore, was within the time stipulated under Rule 75. 5. Rule 77(1) of the Court of Appeal Rules provides that: “ (1) An intended appellant shall, before or within seven days after lodging notice of appeal, serve copies thereof on all persons directly aected by the appeal.” 6. The applicant states that the notice of appeal was served on 6th February 2020. Taking, as we do, 30th January 2020 as the date when the notice of appeal was lodged, it follows that service of the notice of appeal, having been done on 6th February 2020, was within the time stipulated under Rule 77(1). 7. Consequently, we nd no merit in this application. It is hereby dismissed with no orders as to costs as the respondent took no steps to oppose it. 8. This ruling shall apply, mutatis mutandis, to Mombasa Civil Application No. 16 of 2020 between Habo Agencies Limited and the National Land Commission as the circumstances giving rise to the application therein dated 19th February 2020 are the same. Orders accordingly. DATED AND DELIVERED AT MOMBASA THIS 18TH DAY OF FEBRUARY 2022. S. GATEMBU KAIRU, FCIArb .................................. JUDGE OF APPEAL A. MBOGHOLI MSAGHA .................................. JUDGE OF APPEAL P. NYAMWEYA .................................. JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR https://new.kenyalaw.org/akn/ke/judgment/keca/2022/365/eng@2022-02-18 2

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