[2002] KECA 141 (KLR)
The Court of Appeal emphasized that its policy is to ensure that all parties directly affected by an intended appeal are before it, even if a party did not participate in the proceedings in the court below. The respondent, being directly affected by the intended appeal, must be served with the notice of appeal and...
Source-derived case information.
- Citation
- [2002] KECA 141 (KLR)
- Parties
- Applicant: Felix Mathenge; Respondent: Kenya Power & Lighting Company Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 175 of 2002
- Procedural Posture
- Civil Application / Application for Leave to Dispense With Service of Notice of Appeal
- Outcome
- Application for leave to dispense with service refused. Applicant directed to serve notice of appeal and record of appeal on respondent within seven days. Costs in the appeal.
- Legal Topics
- Service of Process, Leave to Dispense With Service, Notice of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Felix Mathenge
Applicant
Kenya Power & Lighting Company Limited
Respondent
Procedural Posture
Civil Application / Application for Leave to Dispense With Service of Notice of Appeal
Legal Issues
- 1 Whether the applicant should be granted leave to dispense with service of the notice of appeal and other process on the respondent.
- 2 Whether all parties directly affected by the intended appeal must be served with the notice of appeal.
Ratio Decidendi
The Court of Appeal emphasized that its policy is to ensure that all parties directly affected by an intended appeal are before it, even if a party did not participate in the proceedings in the court below. The respondent, being directly affected by the intended appeal, must be served with the notice of appeal and the record of appeal. The application for leave to dispense with service was therefore not granted, and the applicant was directed to serve the respondent within seven days.
Court Disposition
Application for leave to dispense with service refused. Applicant directed to serve notice of appeal and record of appeal on respondent within seven days. Costs in the appeal.
Orders
- The notice of appeal lodged on 24th June, 2002 to be served on the respondent within seven days.
- The record of appeal may also be served upon the respondent within the said period.
Full Case Text
Judgment text and source record
14 paragraphs
IN THE COURT OF APPEAL AT NAIROBI
CORAM: SHAH, J.A (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 175 OF 2002 (UR. 91/2002)
BETWEEN
FELIX MATHENGE ..........................................................................APPLICANT
AND
KENYA POWER & LIGHTING COMPANY LIMITED ...............RESPONDENT
(An Ex-parte application for leave to dispense with the service of the Notice of Appeal and other process on the Respondent arising from the judgment and decree of the High Court of Kenya (Ransley, CA) dated 18th June, 2002 in H.C.C.S. NO. 418 OF 2001) ******************
R U L I N G
Although the respondent did not take part in the proceedings in the court below the policy of this Court is to see to it that all the parties are before it. The respondent is an entity directly affected by the intended appeal. I direct that the notice of appeal lodged on 24th day of June, 2002 be served on the respondent within the next seven days. The record of appeal may also be served upon the respondent within the said period. Costs in the appeal.
Dated and delivered at Nairobi this 16th day of October, 2002.
A.B. SHAH .................. JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR.