[2003] KECA 120 (KLR)
The Court of Appeal held that in the absence of leave to appeal from the orders intended to be appealed against, the appeal was incompetent. The requirement for leave is a jurisdictional prerequisite, and failure to obtain such leave renders the appeal fatally defective. Consequently, the appeal was struck out with...
Source-derived case information.
- Citation
- [2003] KECA 120 (KLR)
- Parties
- Appellant: Amirali Haji; Appellant: Anwarali Haji; Appellant: Sherali Haji; Appellant: Abbas Haji; Appellant: Salim Haji; Appellant: Anwarali Brothers; Respondent: Jetha Ramji
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Malindi
- Jurisdiction
- Kenya
- Case Number
- ? 41 of 2002
- Procedural Posture
- Civil Appeal / Ruling on Competence of Appeal
- Outcome
- appeal struck out as incompetent
- Legal Topics
- Leave to Appeal, Competence of Appeal, Striking Out Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amirali Haji
Appellant
Anwarali Haji
Appellant
Sherali Haji
Appellant
Abbas Haji
Appellant
Salim Haji
Appellant
Anwarali Brothers
Appellant
Jetha Ramji
Respondent
Procedural Posture
Civil Appeal / Ruling on Competence of Appeal
Legal Issues
- 1 Whether the appeal is competent in the absence of leave to appeal from the orders intended to be appealed against.
Ratio Decidendi
The Court of Appeal held that in the absence of leave to appeal from the orders intended to be appealed against, the appeal was incompetent. The requirement for leave is a jurisdictional prerequisite, and failure to obtain such leave renders the appeal fatally defective. Consequently, the appeal was struck out with costs, including the costs of the application.
Court Disposition
appeal struck out as incompetent
Orders
- The appeal is struck out with costs, including the costs of the application.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT MOMBASA
CORAM: GICHERU, TUNOI & LAKHA, JJ.A.
CIVIL APPEAL NO. 41 OF 2002
BETWEEN
AMIRALI HAJI
ANWARALI HAJI
SHERALI HAJI
ABBAS HAJI
SALIM HAJI
ANWARALI BROTHERS .................................APPELLANTS
AND
JETHA RAMJI ......................................RESPONDENT
(An appeal from the ruling & order of the High Court of
Kenya at Mombasa (Angawa J) dated 26th September,
1996
in
H.C.C.C. NO. 371 OF 1992 [O.S.])
RULING OF THE COURT
In the absence of any leave to appeal from the orders intended to be appealed against the appeal is incompetent. Accordingly, it is struck out with costs including the costs of the application.
Made at Mombasa this 23rd day of January, 2003.
J. E. GICHERU --------------- JUDGE OF APPEAL P. K. TUNOI --------------- JUDGE OF APPEAL A. A. LAKHA --------------- JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR