[1999] KECA 148 (KLR)
The Court found that the respondent had not complied with its order made on 1st July, 1998. As the respondent did not oppose the application to strike out the notice of appeal, and there was clear non-compliance, the Court exercised its discretion under Rule 80 of the Court of Appeal Rules to grant the application....
Source-derived case information.
- Citation
- [1999] KECA 148 (KLR)
- Parties
- Appellant: Edward Allan Robinson; Appellant: Francis Murungi Muriithi; Appellant: Anne G. Muriithi; Respondent: Philip Gikaria Muthami
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 199 of 1997
- Procedural Posture
- Civil Appeal / Application to Strike Out Notice of Appeal
- Outcome
- Application granted. Notice of appeal struck out with costs.
- Legal Topics
- Striking Out Notice of Appeal, Non Compliance With Court Order, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Edward Allan Robinson
Appellant
Francis Murungi Muriithi
Appellant
Anne G. Muriithi
Appellant
Philip Gikaria Muthami
Respondent
Procedural Posture
Civil Appeal / Application to Strike Out Notice of Appeal
Legal Issues
- 1 Whether the notice of appeal dated 12th August, 1997 should be struck out for non-compliance with a prior court order.
- 2 Whether costs should be awarded to the applicants.
Ratio Decidendi
The Court found that the respondent had not complied with its order made on 1st July, 1998. As the respondent did not oppose the application to strike out the notice of appeal, and there was clear non-compliance, the Court exercised its discretion under Rule 80 of the Court of Appeal Rules to grant the application. The notice of appeal dated 12th August, 1997 was accordingly struck out with costs to the applicants.
Court Disposition
Application granted. Notice of appeal struck out with costs.
Orders
- The notice of appeal dated 12th August, 1997 is struck out.
- Costs awarded to the applicants.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OMOLO, LAKHA & OWOUR, JJ.A. ) CIVIL APPEAL NO. 199 OF 1997 BETWEEN
EDWARD ALLAN ROBINSON .............................. 1STAPPELLANT FRANCIS MURUNGI MURIITHI ........................... 2NDAPPELLANT ANNE G. MURIITHI ................................... 3RDAPPELLANT AND PHILIP GIKARIA MUTHAMI .............................RESPONDENT(Appeal from the Ruling of the High Court of Kenya at Nairobi (Mr. Justice Hayanga) dated 19th day of November, 1996
inH.C.C.C. NO. 3717 OF 1996) ***************** RULING OF THE COURT
This is an application under Rule 80 of the Rules of this Court seeking to strike out the Notice of Appeal dated 12th August, 1997 on the ground that the Respondent has not complied with the Order of this Court made on 1st July, 1998.
Mr. Makoloo for the Respondent does not oppose the application and, we think, properly so.
Accordingly the application is granted as prayed. The notice of appeal dated 12th August, 1997 be and is hereby struck out with costs.
Made and delivered at Nairobi this 3rd day of February, 1999.
R.S.C. OMOLO ................ JUDGE OF APPEAL
A.A. LAKHA .................. JUDGE OF APPEAL
E. OWUOR .................. JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR