[2000] KECA 197 (KLR)
The Court found that since the application to strike out the notice of appeal was not opposed and there was no basis to sustain the notice, it was appropriate to allow the application. The notice of appeal dated 12th October, 1990 and lodged on 18th October, 1990 was accordingly struck out. No order as to costs was...
Source-derived case information.
- Citation
- [2000] KECA 197 (KLR)
- Parties
- Applicant: Christopher Mwangi Kibunja substituted for Walter Kibunja Kahia; Respondent: James Wachira Kahia substituted for Kahia Karua
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 123 of ??
- Procedural Posture
- Civil Application / Application to Strike Out Notice of Appeal
- Outcome
- application allowed
- Legal Topics
- Notice of Appeal, Striking Out Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Christopher Mwangi Kibunja substituted for Walter Kibunja Kahia
Applicant
James Wachira Kahia substituted for Kahia Karua
Respondent
Procedural Posture
Civil Application / Application to Strike Out Notice of Appeal
Legal Issues
- 1 Whether the notice of appeal dated 12th October, 1990 should be struck out.
Ratio Decidendi
The Court found that since the application to strike out the notice of appeal was not opposed and there was no basis to sustain the notice, it was appropriate to allow the application. The notice of appeal dated 12th October, 1990 and lodged on 18th October, 1990 was accordingly struck out. No order as to costs was made.
Court Disposition
application allowed
Orders
- The notice of appeal dated 12th October, 1990 and lodged in court on 18th October, 1990 is struck out.
- No order as to costs.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NYERI
CORAM: KWACH, OMOLO & O’KUBASU, JJ.A
CIVIL APPLICATION NO. NAI. 123 OF 2000 (4/2000)
BETWEEN
CHRISTOPHER MWANGI KIBUNJA substituted for
WALTER KIBUNJA KAHIA...........................................................APPLICANT
AND
JAMES WACHIRA KAHIA substituted for
KAHIA KARUA...............................................................................RESPONDENT
(Application to strike out the Notice of Appeal from an order of the High Court of
Kenya at Nyeri (Tunoi, J) dated 12th October, 1990
in
H.C.C.C. NO. 60 OF 1987)
*****************
RULING OF THE COURT
The application to strike out the notice of appeal is not opposed. Indeed it could not have been opposed in the circumstances.
We allow the application and strike out the notice of appeal dated the 12th October, 1990 and lodged in court on 18th October, 1990. We make no order as to costs.
Dated and delivered at Nyeri this 27th day of October, 2000.
R.O. KWACH
----------------------
JUDGE OF APPEAL
R.S.C. OMOLO
-----------------------
JUDGE OF APPEAL
E. O’KUBASU
-----------------------
JUDGE OF APPEAL
certify that this is a true copy of the original.
DEPUTY REGISTRAR