Zhonghao Overseas Construction Company Limited v Orare [2024] KEHC 3879 (KLR) | Appeal Out Of Time | Esheria

Zhonghao Overseas Construction Company Limited v Orare [2024] KEHC 3879 (KLR)

Full Case Text

Zhonghao Overseas Construction Company Limited v Orare (Civil Appeal E020 of 2020) [2024] KEHC 3879 (KLR) (19 April 2024) (Ruling)

Neutral citation: [2024] KEHC 3879 (KLR)

Republic of Kenya

In the High Court at Kisumu

Civil Appeal E020 of 2020

RE Aburili, J

April 19, 2024

Between

Zhonghao Overseas Construction Company Limited

Appellant

and

Bella Onyango Orare

Respondent

(Being an appeal from the Ruling of Hon. P. Gesora CM, delivered on 26{{^th}} November 2020 in Kisumu CMCC No. 39 of 2014)

Ruling

1. Appeal is summarily rejected as it was filed out of time without leave of court.

2. The appeal ought to have been filed within seven (7) days of 26th November 2020 as stipulated in rule 55(5) of the Auctioneers Rules,1997 but the same was filed on 10th December 2020 out of time without leave of court.

3. The appeal is struck out for being incompetent.

4. This file is closed.

5. The Appellant to be notified accordingly.

Dated, signed and delivered at Kisumu this 19th Day of April, 2024R. E. ABURILIJUDGE