[2001] KECA 281 (KLR)
The court found that the applicant had sufficiently demonstrated his inability to pay court fees and was therefore entitled to leave to appeal as a pauper. However, the court also determined that Douglas Kahara was not a party to the original High Court suit and should not be joined in the application. The...
Source-derived case information.
- Citation
- [2001] KECA 281 (KLR)
- Parties
- Applicant: Ezekiel Ngare; Respondent: Douglas Kahara
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 259 of 2000
- Procedural Posture
- Civil Application / Application for Leave to Appeal as a Pauper
- Outcome
- Application granted in part.
- Legal Topics
- Pauper Appeals, Leave to Appeal, Court Fees Waiver
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ezekiel Ngare
Applicant
Douglas Kahara
Respondent
Procedural Posture
Civil Application / Application for Leave to Appeal as a Pauper
Legal Issues
- 1 Whether the applicant should be granted leave to appeal as a pauper due to inability to pay court fees.
- 2 Whether the respondent, Douglas Kahara, is a proper party to the application.
Ratio Decidendi
The court found that the applicant had sufficiently demonstrated his inability to pay court fees and was therefore entitled to leave to appeal as a pauper. However, the court also determined that Douglas Kahara was not a party to the original High Court suit and should not be joined in the application. The application to appeal as a pauper was granted, but the name of Douglas Kahara was struck out from the proceedings.
Court Disposition
Application granted in part.
Orders
- Leave to appeal as a pauper is granted to Ezekiel Ngare.
- The name of Douglas Kahara is struck out from the application.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU (CORAM: O'KUBASU, J.A. (IN CHAMBERS)) CIVIL APPLICATION NO. NAI. 259 OF 2000 BETWEEN
EZEKIEL NGARE .......................................APPLICANT AND DOUGLAS KAHARA ......................................RESPONDENT
(Application for leave to appeal as a pauper in an intended appeal from a Judgment of the High Court of Kenya at Kitale (Justice Nambuye) dated 13th day of April, 2000 in H.C.C.C. NO. 34 OF 1997) ************** R U L I N G
This is an application by way of Notice of Motion brought under rule 112of this Court's Rule in which the applicant Ezekiel Ngare is seeking to be allowed to appeal as a pauper in the Land Case No. 240 of 1997. There is a supporting affidavit in which the applicant explains how he is unable to pay for court fees as he is a poor person. Mr. Onderu for the Attorney General has opposed this application on the ground that even if the application had to be granted it would amount to an exercise in futility since the judgment to be appealed from did not comply with Order XXRULE 3(1) of the Civil Procedure Rules.
Mr. Chebii who was kind enough to bring the judgment of High Court to my attention stated that his client was not party to the suit and hence the application ought to be dismissed or struck out. In this application it is the desire of the applicant to pursue this matter as a pauper. He has indicated that due to his financial condition he would not be able to pay court fees. In theHigh Court Civil Suit No. 34 of 1997 Kitale and 218 of 1996 at Eldoret, the parties were Ezekiel Ngare Wanjohi as the plaintiff and Leba Inyangala and Attorney General as defendants.
These are the parties in that suit in which the judgment of Nambuye, J. appears. At the moment this Court is not interested in the merits of the intended appeal but at the same time the applicant should not be allowed to drag into this dispute parties who are not involved. Hence the application to file appeal as a pauper is granted but the name of Douglas Kahara is struck out.
Dated and delivered at Nakuru this 20th day of February, 2001.
E. O'KUBASU ......... JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR