[2002] KECA 187 (KLR)
The Court found that the order of the superior court appealed from was not certified, as required by the Court of Appeal Rules. Since certification of the order is a mandatory procedural requirement, the failure to comply with this requirement rendered the appeal incompetent. The respondent's counsel conceded the...
Source-derived case information.
- Citation
- [2002] KECA 187 (KLR)
- Parties
- Appellant: Ephantus Wanjohi Ruhara; Respondent: Eunice Wanjiku Ruhara; Respondent: Jotham Gichuki Ruhara; Respondent: Joseph Kago Ruhara; Respondent: Duncan Maina Ruhara; Respondent: John Muchoki Ruhara; Respondent: Esther Wokabi Ruhara; Respondent: Samuel Mwangi Ruhara
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 36 of 1990
- Procedural Posture
- Civil Appeal / Application to Strike Out Appeal
- Outcome
- Appeal struck out with costs to the applicants.
- Judges
- AB Shah, EO O'Kubasu
- Legal Topics
- Appeal Striking Out, Certification of Orders, Court of Appeal Rules
- 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
Ephantus Wanjohi Ruhara
Appellant
Eunice Wanjiku Ruhara
Respondent
Jotham Gichuki Ruhara
Respondent
Joseph Kago Ruhara
Respondent
Duncan Maina Ruhara
Respondent
John Muchoki Ruhara
Respondent
Esther Wokabi Ruhara
Respondent
Samuel Mwangi Ruhara
Respondent
Procedural Posture
Civil Appeal / Application to Strike Out Appeal
Legal Issues
- 1 Whether the appeal should be struck out for failure to include a certified order of the superior court.
Ratio Decidendi
The Court found that the order of the superior court appealed from was not certified, as required by the Court of Appeal Rules. Since certification of the order is a mandatory procedural requirement, the failure to comply with this requirement rendered the appeal incompetent. The respondent's counsel conceded the point, and the Court determined that the appeal must be struck out for non-compliance with the rules. The applicants were awarded the costs of the appeal and the application.
Court Disposition
Appeal struck out with costs to the applicants.
Orders
- The appeal is struck out with costs to the applicants.
- The applicants will also have the costs of the application.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NYERI
CORAM: SHAH, BOSIRE & O'KUBASU, JJ.A.
CIVIL APPEAL NO. 36 OF 1990
BETWEEN
EPHANTUS WANJOHI RUHARA .............................APPELLANT
AND
1. EUNICE WANJIKU RUHARA )
2. JOTHAM GICHUKI RUHARA )
3. JOSEPH KAGO RUHARA )
4. DUNCAN MAINA RUHARA ) .................RESPONDENTS
5. JOHN MUCHOKI RUHARA )
6. ESTHER WOKABI RUHARA )
7. SAMUEL MWANGI RUHARA )
(Appeal from a Ruling and Order of the High Court of Kenyaa t Nyeri (Mr. Justice F.E. Abdullah) dated 9th November, 1989
in
H.C.C.C. NO. 174 OF 1985)
***************
RULING OF THE COURT
We have before us an application to strike out this appeal under Rules 80 and 85(h) of this Court's Rules. The main ground is that the order of the superior court appealed from is not certified. Upon perusal of the record we found that indeed the order of the superior court is not certified.
Miss Mukuha for the respondent found it impossible to resist this application and in our view properly so.
That being the position this appeal is struck out with costs to the applicants. The applicants will also have the costs of the application.
Made at Nyeri this 8th day of May, 2002.
A. B. SHAH
.................
JUDGE OF APPEAL
S.E.O. BOSIRE
..................
JUDGE OF APPEAL
E. O. O'KUBASU
..................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR