[1996] KECA 146 (KLR)
The Court of Appeal held that the absence of a certified copy of the order appealed against rendered the appeal incompetent under rule 85(1)(h) of the Court of Appeal Rules. Compliance with procedural requirements is mandatory, and failure to do so deprives the court of jurisdiction to entertain the appeal....
Source-derived case information.
- Citation
- [1996] KECA 146 (KLR)
- Parties
- Appellant: Gabriel Nyangate; Respondent: Kineni Farmers Co-operative Society Limited; Respondent: Samwel Nyarunda
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 54 of 1994
- Procedural Posture
- Civil Appeal / Appeal Judgment
- Outcome
- Appeal struck out as incompetent for failure to comply with rule 85(1)(h). Costs awarded to respondents.
- Judges
- RO Kwach, GS Pall
- Legal Topics
- Appeal Incompetence, Failure to Attach 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
Gabriel Nyangate
Appellant
Kineni Farmers Co-operative Society Limited
Respondent
Samwel Nyarunda
Respondent
Procedural Posture
Civil Appeal / Appeal Judgment
Legal Issues
- 1 Whether the appeal is competent in the absence of a certified copy of the order appealed against.
- 2 Whether the appeal should be struck out for non-compliance with rule 85(1)(h) of the Court of Appeal Rules.
Ratio Decidendi
The Court of Appeal held that the absence of a certified copy of the order appealed against rendered the appeal incompetent under rule 85(1)(h) of the Court of Appeal Rules. Compliance with procedural requirements is mandatory, and failure to do so deprives the court of jurisdiction to entertain the appeal. Consequently, the appeal was struck out, and costs were awarded to the respondents.
Court Disposition
Appeal struck out as incompetent for failure to comply with rule 85(1)(h). Costs awarded to respondents.
Orders
- The appeal is struck out.
- The appellant shall pay KES 5,000 as the respondents' costs of the appeal within 7 days.
Full Case Text
Judgment text and source record
25 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: KWACH, TUNOI & PALL JJ.A)
CIVIL APPEAL NO.54 OF 1994
BETWEEN
GABRIEL NYANGATE.............................................APPELLANT
AND
KINENI FARMERS CO-OPERATIVE
SOCIETY LIMTED.......................................1ST RESPONDENT
SAMWEL NYARUNDA................................2ND RESPONDENT
(Appeal from a judgment of the High Court of Kenya at Nairobi (Mr Justice Githinji) dated 22nd May, 1992 MIS. APP. NO.535 OF 1991) ********************
JUDGMENT
There is no certified copy of the order appealed against before us. The appeal is therefore incompetent being in breach of rule 85(1)(h). It is hereby struck out. The Appellant will pay Shs.5,000/= as the Respondent's costs of the appeal payable within 7 days.
Dated and delivered at Nairobi this 24th day of October, 1996.
R.O. KWACH
...............
JUDGE OF APPEAL
P.K. TUNOI
...............
JUDGE OF APPEAL
G. S. PALL
...............
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR