[1999] KECA 125 (KLR)
The Court of Appeal held that the absence of a judge's signature on the ruling intended to be appealed against rendered the ruling invalid and incapable of supporting a competent appeal. The appellant's concession on this point was accepted by the court, which found that the appeal was incompetent as a matter of...
Source-derived case information.
- Citation
- [1999] KECA 125 (KLR)
- Parties
- Appellant: City Finance Limited; Respondent: Inderjeet Rachpal Bhandari
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 254 of 1998
- Procedural Posture
- Civil Appeal / Order on Preliminary Objection
- Outcome
- appeal struck out as incompetent
- Legal Topics
- Appeal Incompetence, Unsigned Ruling, Striking Out Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
City Finance Limited
Appellant
Inderjeet Rachpal Bhandari
Respondent
Procedural Posture
Civil Appeal / Order on Preliminary Objection
Legal Issues
- 1 Whether an appeal can be sustained where the ruling intended to be appealed against is unsigned.
Ratio Decidendi
The Court of Appeal held that the absence of a judge's signature on the ruling intended to be appealed against rendered the ruling invalid and incapable of supporting a competent appeal. The appellant's concession on this point was accepted by the court, which found that the appeal was incompetent as a matter of law. Consequently, the appeal was struck out for want of a valid, appealable decision, with no order as to costs.
Court Disposition
appeal struck out as incompetent
Orders
- The appeal is struck out.
- There is no order as to costs.
Full Case Text
Judgment text and source record
2 paragraphs
IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, TUNOI & LAKHA, JJ.A.) CIVIL APPEAL NO. 254 OF 1998 BETWEEN CITY FINANCE LIMITED ................................... APPELLANT AND INDERJEET RACHPAL BHANDARI ............................. RESPONDENT (Appeal from the Ruling and Order of the High Court of Kenya at Nairobi (Justice Hayanga) dated 4th March, 1998 in H.C.C.C. NO. 5940 OF 1993) *************** ORDER OF THE COURT Mr. Billing for the appellant concedes that the Ruling intended to be appealed against is not signed. This renders the appeal incompetent. Accordingly, it is struck out but with no order as to costs. Made at Nairobi this 10th day of June, 1999. R.O. KWACH ................ 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