[1986] KECA 4 (KLR)

[1986] KECA 4 (KLR)

The Court of Appeal found that the decree incorporated in the record of appeal was wrongly dated, which contravened Order 20 rule 7 of the Civil Procedure Rules. This procedural defect rendered the entire appeal defective. Consequently, the court struck out the appeal, vacated the order of stay previously granted by...

Source-derived case information.

Citation
[1986] KECA 4 (KLR)
Parties
Appellant: Coast Bus Company; Respondent: Gideon Ndeke Munyao (suing as next of kin to Jonah Ndeke Munyao and Nzembi Munyao)
Court
Court of Appeal
Court Station
Court of Appeal at Nairobi
Jurisdiction
Kenya
Case Number
? 101 of 1994
Procedural Posture
Civil Appeal / Order on Preliminary Objection Regarding Defective Decree
Outcome
Appeal struck out as defective due to wrongly dated decree; stay vacated; deposit released to respondent; no order as to costs.
Judges
RO Kwach
Legal Topics
Appeal Struck Out, Defective Decree, Order 20 Rule 7, Stay of Execution, Release of Deposit
Source Language
en
Civil Procedure Appeal Struck Out Defective Decree Order 20 Rule 7 Stay of Execution Release of Deposit

Source-derived case record

Summary, issues, holding and outcome

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Parties

Coast Bus Company

Appellant

Gideon Ndeke Munyao (suing as next of kin to Jonah Ndeke Munyao and Nzembi Munyao)

Respondent

Procedural Posture

Civil Appeal / Order on Preliminary Objection Regarding Defective Decree

Legal Issues

  1. 1 Whether the appeal is defective due to the decree being wrongly dated in contravention of Order 20 rule 7 of the Civil Procedure Rules.
  2. 2 Whether the order of stay and the deposited money should be vacated and released to the respondent.

Ratio Decidendi

The Court of Appeal found that the decree incorporated in the record of appeal was wrongly dated, which contravened Order 20 rule 7 of the Civil Procedure Rules. This procedural defect rendered the entire appeal defective. Consequently, the court struck out the appeal, vacated the order of stay previously granted by the superior court, and ordered the release of the money deposited with Prudential Finance Co. Ltd. to the respondent. The court made no order as to costs, emphasizing the mandatory nature of compliance with procedural rules regarding decrees in appellate proceedings.

Court Disposition

Appeal struck out as defective due to wrongly dated decree; stay vacated; deposit released to respondent; no order as to costs.

Orders

  • The appeal is struck out as defective.
  • The order of stay granted by the superior court is vacated.