[2002] KECA 282 (KLR)
The Court of Appeal found that since the respondent did not oppose the application to strike out the Notice of Appeal, and there was no procedural or substantive objection, the Notice of Appeal lodged on 17th November, 2000 in H.C.C.C No. 275 of 2000 should be struck out. The applicant was entitled to costs assessed...
Source-derived case information.
- Citation
- [2002] KECA 282 (KLR)
- Parties
- Applicant: David Kimani Munyua; Respondent: Chrisropher Ndegwa Kinuthia (as the legal representative of the Estate of Kinuthia Gitura Gikonyo)
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 61 of 2001
- Procedural Posture
- Civil Application / Application to Strike Out Notice of Appeal
- Outcome
- Notice of Appeal struck out. Costs awarded to applicant.
- 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
David Kimani Munyua
Applicant
Chrisropher Ndegwa Kinuthia (as the legal representative of the Estate of Kinuthia Gitura Gikonyo)
Respondent
Procedural Posture
Civil Application / Application to Strike Out Notice of Appeal
Legal Issues
- 1 Whether the Notice of Appeal lodged on 17th November, 2000 in H.C.C.C No. 275 of 2000 should be struck out.
Ratio Decidendi
The Court of Appeal found that since the respondent did not oppose the application to strike out the Notice of Appeal, and there was no procedural or substantive objection, the Notice of Appeal lodged on 17th November, 2000 in H.C.C.C No. 275 of 2000 should be struck out. The applicant was entitled to costs assessed at KES 3,000.
Court Disposition
Notice of Appeal struck out. Costs awarded to applicant.
Orders
- The Notice of Appeal lodged in H.C.C.C No. 275 of 2000 on 17th November, 2000 is struck out.
- The applicant is awarded costs of this application assessed at KES 3,000.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT NAKURU CORAM: GICHERU, SHAH & BOSIRE, JJ.A. CIVIL APPLICATION NO. NAI. 61 OF 2001BETWEEN
DAVID KIMANI MUNYUA ..................................APPLICANT AND CHRISROPHER NDEGWA KINUTHIA (as the legal representative of the Estate of Kinuthia Gitura Gikonyo). ..........................RESPONDENT
(Application to strike out Notice of Appeal from the Ruling of the the High Court of Kenya at Nakuru (Rimita J) dated 15th November,2000
in H.C.C.C NO. 275 OF 2000) *******************
ORDER OF THE COURT
The respondent is not opposing this application for striking out of the Notice of Appeal lodged in the superior Court on 17th November, 2000 in H.C.C.C No. 275 of 2000.
We order therefore that the Notice of Appeal lodged in the said suit on 17th November, 2000 be and is hereby struck out. The applicant will have costs of this application assessed at Shs. 3,000/=.
Made and delivered at Nakuru this 21st day of February,2002.
J.E. GICHERU
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JUDGE OF APPEAL
A.B. SHAH
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JUDGE OF APPEAL
S.E.O. BOSIRE
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JUDGE OF APPEAL
I certify that this is true copy of the original.
DEPUTY REGISTRAR