[2002] KECA 142 (KLR)
The Court found that since the respondent conceded the notice of appeal was incurably defective, there was no basis to retain it on the record. The Court exercised its discretion under rule 80 of the Court of Appeal Rules to strike out the notice of appeal. Costs were awarded to the applicants, assessed at Kshs. 500.
Source-derived case information.
- Citation
- [2002] KECA 142 (KLR)
- Parties
- Applicant: Esther Nyaguthi Kinyua; Applicant: Charles N. Gichohi (suing as administrators of Daniel M. Gichohi (Deceased)); Respondent: Kenya Bus Services Ltd
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 174 of 2002
- Procedural Posture
- Civil Application / Application to Strike Out Notice of Appeal
- Outcome
- Application allowed. Notice of appeal struck out with costs to the applicants.
- Legal Topics
- Notice of Appeal, Striking Out Proceedings, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther Nyaguthi Kinyua
Applicant
Charles N. Gichohi (suing as administrators of Daniel M. Gichohi (Deceased))
Applicant
Kenya Bus Services Ltd
Respondent
Procedural Posture
Civil Application / Application to Strike Out Notice of Appeal
Legal Issues
- 1 Whether the notice of appeal lodged on 18th March 2002 is incurably defective and should be struck out.
Ratio Decidendi
The Court found that since the respondent conceded the notice of appeal was incurably defective, there was no basis to retain it on the record. The Court exercised its discretion under rule 80 of the Court of Appeal Rules to strike out the notice of appeal. Costs were awarded to the applicants, assessed at Kshs. 500.
Court Disposition
Application allowed. Notice of appeal struck out with costs to the applicants.
Orders
- The notice of appeal lodged on 18th March 2002 is struck out.
- Costs to the applicants assessed at Kshs. 500.
Full Case Text
Judgment text and source record
17 paragraphs
IN THE COURT OF APPEAL AT NAIROBI (CORAM: BOSIRE, OWUOR & KEIWUA JJ.A) CIVIL APPLICATION NO. NAI.174 OF 2002
BETWEEN
ESTHER NYAGUTHI KINYUA CHARLES N. GICHOHI (suing as administrators of DANIEL M. GICHOHI (DECEASED) ....................APPLICANTS
AND
KENYA BUS SERVICES LTD ................................RESPONDENT
(An application to strike out notice of appeal in an intended appeal from a judgment of the High Court of Kenya at Nairobi (Lady Justice Ang'awa) dated 7th February, 2002
in
H.C.C.C. NO.723 OF 2000 ****************
RULING OF THE COURT
This is an application underrule 80 of the Rules of this Court seeking an order that the Notice of Appeal lodged in court on 18th March 2002 by Mereka and Company Advocates, in High Court Civil Case No.723 of 2000 be struck out. As Mr. Mutua for the respondent concedes that the said notice of appeal is incurably defective, the order that commends itself to us is to order that the notice be and is hereby struck out with costs to the applicant assessed at Kshs.500/=.
Dated and delivered at Nairobi this 28th day of November, 2002.
S.E.O. BOSIRE ........................ JUDGE OF APPEAL
E. OWUOR ....................... JUDGE OF APPEAL
M. KEIWUA ...................... JUDGE OF APPEAL
I certify that this is a
true copy of the original.
DEPUTY REGISTRAR