The Court of Appeal has struck out an appeal by Laburnam Courts Limited against Diamond Trust Bank (DTB) after finding that the appeal was filed late and failed to meet critical procedural requirements.
In a ruling delivered by a three-judge bench comprising Justices Jamila Mohammed, Fred Ochieng, and Aggrey Muchelule, the court allowed DTB’s application to dismiss the appeal, citing multiple violations of the Court of Appeal Rules.
DTB had argued that Laburnam Courts filed its notice of appeal more than a month after the High Court ruling on June 5, 2020 well beyond the legally prescribed 14-day period. The bank further contended that the notice was served late and that the record of appeal was incomplete, lacking essential documents and including irrelevant materials not part of the original court proceedings.
The appeal was also unopposed, with Laburnam Courts failing to file submissions or appear in court to defend its position. The judges ruled that the omissions and procedural lapses were serious enough to undermine the integrity of the appellate process.
“The appeal process initiated by the appellant is defective due to procedural irregularities and delay, warranting the striking out of the appeal,” the court concluded.
The judges also awarded the costs of the application to Diamond Trust Bank, reinforcing the principle that litigants must strictly comply with procedural rules if they are to enjoy the right of appeal.
