[2000] KECA 235 (KLR)
The court held that the index is not a primary document as it does not pertain to the jurisdiction or substance of the appeal. The respondents failed to demonstrate any prejudice that would result from the proposed amendment. In the interests of justice, the court allowed the amendment to correct the references in...
Source-derived case information.
- Citation
- [2000] KECA 235 (KLR)
- Parties
- Applicant: Dr. Maddineni Subba Rao; Respondent: S. A. Azubedi; Respondent: J. G. Kagucia; Respondent: Jackton Marachi; Respondent: G. N. Ombongi
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 58 of 2000
- Procedural Posture
- Civil Application / Application to Amend Record of Appeal
- Outcome
- application allowed
- Legal Topics
- Amendment of Record, Court of Appeal Rules, Primary Documents, Prejudice to Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dr. Maddineni Subba Rao
Applicant
S. A. Azubedi
Respondent
J. G. Kagucia
Respondent
Jackton Marachi
Respondent
G. N. Ombongi
Respondent
Procedural Posture
Civil Application / Application to Amend Record of Appeal
Legal Issues
- 1 Whether the applicant should be allowed to amend the record of appeal to correct references to the superior court instead of the Court of Appeal.
- 2 Whether an index is a primary document for the purposes of the appeal record.
- 3 Whether the respondents would be prejudiced by the proposed amendment.
Ratio Decidendi
The court held that the index is not a primary document as it does not pertain to the jurisdiction or substance of the appeal. The respondents failed to demonstrate any prejudice that would result from the proposed amendment. In the interests of justice, the court allowed the amendment to correct the references in the title, certificate, and index from the superior court to the Court of Appeal. The application was granted, and costs were awarded to the applicant.
Court Disposition
application allowed
Orders
- The application to amend the record of appeal is allowed.
- Costs of the application shall be borne by the applicant.
Full Case Text
Judgment text and source record
9 paragraphs
IN THE COURT OF APPEAL AT NAKURU (CORAM: LAKHA, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 58 OF 2000 BETWEEN
DR. MADDINENI SUBBA RAO ...................APPLICANT AND 1. S. A. AZUBEDI 2. J. G. KAGUCIA 3. JACKTON MARACHI 4. G. N. OMBONGI .............................RESPONDENTS
(Application to amend the record of appeal in an Appeal from the Ruling and Order of the High Court of Kenya at Nakuru (Commissioner of Assize Mrs. Rawal) dated 17th August, 1999 in H.C.C.C. NO. 383 OF 1998) ********** R U L I N G
This is an application for amendment of the record of appeal under rule 44 of the Rules of this Court. The amendment is to amend the title to the suit, the Certificate and Index all of which refer in their heading to the superior court instead of this Court. The application is opposed by the respondents. It is said that an index is a primary document although no authority is cited in support of the proposition.
Upon a careful considerarion of the matter I am satisfied that an index is not a primary document. It does not relate to jurisdiction substance of the appeal. The respondents were not shown to be prejudiced by the proposed amendment. If anything, it is in the interest of just that it shall be allowed I hereby do. Costs of the application shall be borne by the applicant.
Dated and delivered at Nakuru 26th day of September, 2000.
A. A. LAKHA .................. JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR.