[1997] KECA 279 (KLR)
The Court held that the omission of a certified copy of the decree from the record of appeal is a fatal defect under Rule 85(1)(h) of the Court of Appeal Rules. This requirement is mandatory, and non-compliance renders the appeal incurably defective and incompetent. Consequently, the appeal was struck out for want...
Source-derived case information.
- Citation
- [1997] KECA 279 (KLR)
- Parties
- Appellant: Associated Architects; Respondent: All Africa Conference of Churches
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 8 of 1992
- Procedural Posture
- Civil Appeal / Ruling on Preliminary Objection
- Outcome
- appeal struck out as incompetent
- Judges
- AM Akiwumi
- Legal Topics
- Appeal Record Requirements, Decree Certification, Procedural Incompetence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Associated Architects
Appellant
All Africa Conference of Churches
Respondent
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the absence of a certified copy of the decree in the record of appeal renders the appeal incompetent.
Ratio Decidendi
The Court held that the omission of a certified copy of the decree from the record of appeal is a fatal defect under Rule 85(1)(h) of the Court of Appeal Rules. This requirement is mandatory, and non-compliance renders the appeal incurably defective and incompetent. Consequently, the appeal was struck out for want of compliance with the procedural rule.
Court Disposition
appeal struck out as incompetent
Orders
- The appeal is struck out for want of a certified copy of the decree in the record of appeal.
- No order as to costs.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: KWACH, AKIWUMI & TUNOI, JJ.A.
CIVIL APPEAL NO. 8 OF 1992BETWEENASSOCIATED ARCHITECTS ................................ APPELLANTANDALL AFRICA CONFERENCE OF CHURCHES .................... RESPONDENT(Appeal from the judgment of the High Court of Kenya at Nairobi (Justice Aragon) dated 9th January, 1990 in H.C.C.C. NO. 4423 OF 1988) **************RULING OF THE COURT
The record of appeal does not contain as mandatorily required by R.85 (1)(h) a certified copy of the decree appealed against. This makes the appeal incurably defective and therefore incompetent. It is hereby struck out but with no order as to costs. It is so ordered.
Dated and delivered at Nairobi this 17th day of January, 1997.
R.O. KWACH ................... JUDGE OF APPEAL A.M. AKIWUMI ................... JUDGE OF APPEAL P.K. TUNOI ................... JUDGE OF APPEAL I certify that this is a true copy of the original. ................................. DEPUTY REGISTRAR