[2001] KECA 18 (KLR)
The Court of Appeal determined that, since there was no consent between the parties to dispose of the application by consent order, the application to strike out the notice of appeal could not be determined summarily. The matter must therefore be fixed for hearing in the ordinary way, allowing both parties to...
Source-derived case information.
- Citation
- [2001] KECA 18 (KLR)
- Parties
- Applicant: Concord Insurance Company Limited; Respondent: David Otieno Alinyo & Joash Otweli Alinyo (suing as legal representatives of Wellington Alinyo, deceased)
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application 220 of 2000
- Procedural Posture
- Civil Application / Application to Strike Out Notice of Appeal
- Outcome
- Application not determined; matter to be fixed for hearing in the ordinary way.
- Judges
- D Ole Keiwua
- Legal Topics
- Notice of Appeal, Striking Out Applications, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Concord Insurance Company Limited
Applicant
David Otieno Alinyo & Joash Otweli Alinyo (suing as legal representatives of Wellington Alinyo, deceased)
Respondent
Procedural Posture
Civil Application / Application to Strike Out Notice of Appeal
Legal Issues
- 1 Whether the notice of appeal should be struck out in the absence of a consent order between the parties.
Ratio Decidendi
The Court of Appeal determined that, since there was no consent between the parties to dispose of the application by consent order, the application to strike out the notice of appeal could not be determined summarily. The matter must therefore be fixed for hearing in the ordinary way, allowing both parties to present their arguments before a decision is made.
Court Disposition
Application not determined; matter to be fixed for hearing in the ordinary way.
Orders
- The matter is to be fixed for hearing in the ordinary way.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU CIVIL APPLI 220 OF 2000
CONCORD INSURANCE COMPANY LIMITED.................................... APPLICANT
AND
DAVID OTIENO ALINYO & JOASH OTWELI ALINYO
(suing as legal representatives of WELLINGTON ALINYO (deceased) ........ RESPONDENT
(An application to strike out a Notice of Appeal in an intended appeal from judgment and decree of the High Court of Kenya at Kisumu (Mr. Justice I.C.C. Wambilyangah ) dated 27th June, 2000
in
HCCC NO. 110 OF 1990)
******************
ORDER OF THE COURT
It appears this notice was put before us because it was thought the parties would record an order of consent. There is no such consent and we order that the matter be fixed for hearing in the ordinary way.
Made at Kisumu this 22nd day of November, 2001.
R.S.C. OMOLO
...............
JUDGE OF APPEAL
A.A. LAKHA
.............
JUDGE OF APPEAL
M. OLE KEIWUA
...............
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR