[2006] KECA 279 (KLR)
The court found that Daniel Kaigai never participated in the proceedings in the High Court, as evidenced by the annexed proceedings and judgment. Therefore, it was appropriate to grant leave to dispense with service of the Notice of Appeal and all other documents relating to the appeal upon him. The decision was...
Source-derived case information.
- Citation
- [2006] KECA 279 (KLR)
- Parties
- Applicant: Akamba Public Road Services Ltd; Respondent: Gaudencia Atieno Amimo (suing as an administrator and personal representative of Francis A. Okello (deceased)); Respondent: Shadrack Kaigai; Respondent: Daniel Kaigai
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application 350 of 2005
- Procedural Posture
- Civil Application / Application for Leave to Dispense With Service of Notice of Appeal
- Outcome
- Application allowed. Leave granted to dispense with service of the Notice of Appeal and all other documents relating to the appeal upon Daniel Kaigai. Costs to abide the outcome of the appeal.
- Legal Topics
- Service of Process, Leave of Court, Appellate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Akamba Public Road Services Ltd
Applicant
Gaudencia Atieno Amimo (suing as an administrator and personal representative of Francis A. Okello (deceased))
Respondent
Shadrack Kaigai
Respondent
Daniel Kaigai
Respondent
Procedural Posture
Civil Application / Application for Leave to Dispense With Service of Notice of Appeal
Legal Issues
- 1 Whether the applicant should be granted leave to dispense with service of the Notice of Appeal and related documents on Daniel Kaigai.
Ratio Decidendi
The court found that Daniel Kaigai never participated in the proceedings in the High Court, as evidenced by the annexed proceedings and judgment. Therefore, it was appropriate to grant leave to dispense with service of the Notice of Appeal and all other documents relating to the appeal upon him. The decision was made to avoid unnecessary procedural steps where a party had not been involved in the original proceedings.
Court Disposition
Application allowed. Leave granted to dispense with service of the Notice of Appeal and all other documents relating to the appeal upon Daniel Kaigai. Costs to abide the outcome of the appeal.
Orders
- Leave is granted to dispense with service of the Notice of Appeal and all other documents relating to this appeal upon Daniel Kaigai.
- Costs of this application shall abide the outcome of the appeal.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL OF KENYA
AT KISUMU
CIVIL APPLICATION 350 OF 2005
AKAMBA PUBLIC ROAD SERVICES LTD……………...........…….………..APPLICANT
AND
GAUDENCIA ATIENO AMIMO (suing as an administrator and
personal representative of FRANCIS A. OKELLO (DECEASED)...1ST RESPONDENT
SHADRACK KAIGAI…….………………............………………………..2ND RESPONDENT
DANIEL KAIGAI……..………………............…………………………….3RD RESPONDENT
(Application for leave to dispense with the service of Notice of Appeal and all documentsrelating to this Appeal on Daniel Kaigai in the intended appeal from a judgment & decreeof the High Court of Kenya at Kisumu (Warsame, J) dated 24th November, 2005inH.C.C.C. NO. 173 OF 2001)*************
R U L I N G
This is an ex parte application brought under rule 76 of the Court of Appeal Rules in which the applicant seeks orders that leave be granted to dispense with service of the Notice of Appeal and all other documents relating to this appeal upon one DANIEL KAIGAI. The application is supported by the affidavit of Mitchell J.R. Menezes an Advocate of the High Court. It has been deponed that the said Daniel Kaigai never participated in the proceedings in the High Court. This can be seen from the proceedings and judgment of the High Court annexed to Mr. Menezesaffidavit.
In view of the foregoing leave is hereby granted to dispense with service of the notice of appeal and all other documents relating to this appeal uponDaniel Kaigai. Costs of this application shall abide outcome of the appeal.
MADE at KISUMU this 27th day of March, 2006.
E.O. O’KUBASU
…………………………..
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR