[1986] KECA 53 (KLR)
The Court of Appeal held that the decree incorporated in the record of appeal was wrongly dated, thereby contravening Order 20 rule 7 of the Civil Procedure Rules. This procedural defect was fatal to the appeal, rendering it defective. Consequently, the appeal was struck out. The court further ordered that the stay...
Source-derived case information.
- Citation
- [1986] KECA 53 (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
- Outcome
- appeal struck out as defective
- Judges
- RO Kwach
- Legal Topics
- Appeal Striking Out, Procedural Irregularity, Decree Dating, Order 20 Rule 7
- Source Language
- en
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
Legal Issues
- 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 Whether the order of stay and the deposited money should be vacated and released to the respondent.
Ratio Decidendi
The Court of Appeal held that the decree incorporated in the record of appeal was wrongly dated, thereby contravening Order 20 rule 7 of the Civil Procedure Rules. This procedural defect was fatal to the appeal, rendering it defective. Consequently, the appeal was struck out. The court further ordered that the stay previously granted by the superior court be vacated and that the money deposited with Prudential Finance Co. Ltd. be released to the respondent. No order was made as to costs.
Court Disposition
appeal struck out as defective
Orders
- The appeal is struck out.
- The order of stay granted by the superior court is vacated.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, TUNOI & LAKHA, JJ.A.) CIVIL APPEAL NO. 101 OF 1994
BETWEEN
COAST BUS COMPANY ......................................APPELLANT AND GIDEON NDEKE MUNYAO (SUING AS NEXT OF KIN TO JONAH NDEKE MUNYAO AND NZEMBI MUNYAO ..................RESPONDENT
(Appeal from judgment of the High Court of Kenya at Machakos (Honourable Mr. Justice Osiemo) dated 17th March 1993
in H.C.C.C. NO. 96 OF 1993) **********************
ORDER OF THE COURT
The decree incorporated in the record of appeal lodged in this court on 28th June, 1994 is wrongly dated and therefore, contravenes Order 20 rule 7 of the Civil Procedure Rules.Consequently, the appeal is rendered defective and is accordingly struck-out. The order of stay granted by the superior court is vacated and the money deposited with Prudential Finance Co. Ltd. is ordered released to the respondent. We make no order as to costs.
Dated and delivered at Nairobi this 5th day of November, 1986.
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