1. Appeals from the lower court are filed within 30 days in accordance to section 79G. of the civil procedure act the said section provides as doth: -
“Time for filing appeals from subordinate courts Every appeal from a subordinate court to the High Court shall be filed within a period of thirty days from the date of the decree or order appealed against, excluding from such period any time which the lower court may certify as having been requisite for the preparation and delivery to the appellant of a copy of the decree or order: Provided that an appeal may be admitted out of time if the appellant satisfies the court that he had good and sufficient cause for not filing the appeal in time.”
2. This appeal was filed on 24/4/2023. The impugned decision was delivered on 18/8/2022. There is no valid appeal. Consequently, summarily reject the Appeal. Parties cannot be filing stay as means of getting outcome.
3. There is nothing to anchor stay on the application and the Appeal are hereby struck out. Consequently, I issues the following orders: -
The file is closed.
DELIVERED, DATED and SIGNED at MOMBASA on this 3rd day of May 2023.
In the presence of:
No Appearance for the Applicant
No Appearance for the Respondent.
Court Assistant - aziza
“Time for filing appeals from subordinate courts Every appeal from a subordinate court to the High Court shall be filed within a period of thirty days from the date of the decree or order appealed against, excluding from such period any time which the lower court may certify as having been requisite for the preparation and delivery to the appellant of a copy of the decree or order: Provided that an appeal may be admitted out of time if the appellant satisfies the court that he had good and sufficient cause for not filing the appeal in time.”
2. This appeal was filed on 24/4/2023. The impugned decision was delivered on 18/8/2022. There is no valid appeal. Consequently, summarily reject the Appeal. Parties cannot be filing stay as means of getting outcome.
3. There is nothing to anchor stay on the application and the Appeal are hereby struck out. Consequently, I issues the following orders: -
The file is closed.
DELIVERED, DATED and SIGNED at MOMBASA on this 3rd day of May 2023.
In the presence of:
No Appearance for the Applicant
No Appearance for the Respondent.
Court Assistant - aziza