[1997] KECA 309 (KLR)
The Court held that since the original Civil Appeal No. 192/95 was struck out on 10th November, 1995, it could not be revived, and the respondents failed to file a fresh appeal within the time prescribed by the Rules of the Court. The respondents did not contest the applicant's argument. Therefore, the notice of...
Source-derived case information.
- Citation
- [1997] KECA 309 (KLR)
- Parties
- Applicant: Bank of Credit & Commerce International (Overseas) Ltd; Respondent: United Coreboard Products Ltd; Respondent: Kunvarji Shivji Varshani; Respondent: Shamji Shivji Varshani; Respondent: Naran Shivji Varshani
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 378 of 1996
- Procedural Posture
- Civil Application / Application to Strike Out Notice of Appeal
- Outcome
- Application allowed. Notice of appeal dated 31st May, 1996 struck out with costs to the applicant.
- Judges
- RO Kwach, AB Shah
- Legal Topics
- Appeals Process, Notice of Appeal, Striking Out Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bank of Credit & Commerce International (Overseas) Ltd
Applicant
United Coreboard Products Ltd
Respondent
Kunvarji Shivji Varshani
Respondent
Shamji Shivji Varshani
Respondent
Naran Shivji Varshani
Respondent
Procedural Posture
Civil Application / Application to Strike Out Notice of Appeal
Legal Issues
- 1 Whether the notice of appeal dated 31st May, 1996 should be struck out for failure to file a fresh appeal within the prescribed time after the original appeal was struck out.
Ratio Decidendi
The Court held that since the original Civil Appeal No. 192/95 was struck out on 10th November, 1995, it could not be revived, and the respondents failed to file a fresh appeal within the time prescribed by the Rules of the Court. The respondents did not contest the applicant's argument. Therefore, the notice of appeal dated 31st May, 1996 was invalid and was struck out with costs to the applicant.
Court Disposition
Application allowed. Notice of appeal dated 31st May, 1996 struck out with costs to the applicant.
Orders
- The notice of appeal filed on 31st May, 1996 is struck out.
- Costs awarded to the applicant.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT NAIROBI (Coram: Kwach, Tunoi & Shah, JJ.A.) CIVIL APPLICATION NO. NAI. 378 OF 1996
BETWEEN
BANK OF CREDIT & COMMERCE INTERNATIONAL (OVERSEAS) LTD........................................APPLICANT AND 1. UNITED COREBOARD PRODUCTS LTD 2. KUNVARJI SHIVJI VARSHANI 3. SHAMJI SHIVJI VARSHANI 4. NARAN SHIVJI VASHANI................................RESPONDENTS
(Appeal from the ruling of the High Court of Kenya at Nairobi (Mwera, J.) dated 19th May, 1995
in H.C.C.C. NO. 4875 OF 1987) **********************
RULING OF THE COURT:
In this Notice of Motion the applicant seeks an order striking out the notice of appeal dated 31st May, 1996, on the ground that no fresh appeal has been filed within the time prescribed by the Rules of this court. Original Civil Appeal No. 192/95 was struck out on 10th November, 1995, and was therefore incapable of resuscitation. Mr. Okach, for the respondents, has no answer to the point taken by Mr. Oyatsi which, in our view, is a valid point.
In the circumstances the application succeeds and is granted. The notice of appeal filed on 31st May, 1996 is hereby struck out with costs to the applicant.
Dated and delivered at Nairobi this 27th day of February, 1997.
R.O. KWACH
............
JUDGE OF APPEAL
P.K. TUNOI
.............
JUDGE OF APPEAL
A.B. SHAH
..............
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR