[2001] KECA 283 (KLR)
The Court found that there was no merit in any of the grounds advanced by the applicants for striking out the appeal. Specifically, the Court determined that there was no omission of any primary document in the record of appeal. As a result, the application to strike out the appeal failed and was dismissed with...
Source-derived case information.
- Citation
- [2001] KECA 283 (KLR)
- Parties
- Appellant: Grace Wanjira Mitambo; Appellant: Robert Muriuki Kabari; Appellant: Stephen Mwaniki; Appellant: Anselim Njogu Macai; Respondent: Ndambiri Muchine; Respondent: Francis Muchira
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 242 of ??
- Procedural Posture
- Civil Appeal / Application to Strike Out Appeal Under Rule 80
- Outcome
- application dismissed with costs
- Legal Topics
- Strike Out Application, Appeal Procedure, Omission of Documents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Grace Wanjira Mitambo
Appellant
Robert Muriuki Kabari
Appellant
Stephen Mwaniki
Appellant
Anselim Njogu Macai
Appellant
Ndambiri Muchine
Respondent
Francis Muchira
Respondent
Procedural Posture
Civil Appeal / Application to Strike Out Appeal Under Rule 80
Legal Issues
- 1 Whether the appeal should be struck out under rule 80 for omission of primary documents.
Ratio Decidendi
The Court found that there was no merit in any of the grounds advanced by the applicants for striking out the appeal. Specifically, the Court determined that there was no omission of any primary document in the record of appeal. As a result, the application to strike out the appeal failed and was dismissed with costs to the respondents.
Court Disposition
application dismissed with costs
Orders
- The application to strike out the appeal is dismissed with costs.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NYERI (CORAM: GICHERU, LAKHA & OWUOR, JJ.A.) CIVIL APPEAL(APPLICATION) NO. 242 OF 2000 BETWEENGRACE WANJIRA MITAMBO ................ 1ST APPELLANT/RESPONDENT ROBERT MURIUKI KABARI ................ 2ND APPELLANT/RESPONDENT STEPHEN MWANIKI ...................... 3RD APPELLANT/RESPONDENT ANSELIM NJOGU MACAI .................. 4TH APPELLANT/RESPONDENT AND NDAMBIRI MUCHINE ..................... 1ST RESPONDENT/APPLICANT FRANCIS MUCHIRA ...................... 2ND RESPONDENT/APPLICANT(Appeal from a Judgment and Decree of the High Court of Kenya at Nyeri (Mr. Justice Juma) dated 7th December, 1999in H.C.C.C. NO. 265 OF 1997) *********** RULING OF THE COURT
This is an application under rule 80 of this Court to strike out the appeal on three distinct grounds. Having carefully considered the submissions of the advocates of the parties, we are satisfied that there is no merit in any of the grounds urged before us. There is no primary document that has been omitted. Accordingly, the application fails and it is dismissed with costs.
Made at Nyeri this 31st day of October, 2001.
J.E. GICHERU .................. JUDGE OF APPEAL
A.A. LAKHA .................. JUDGE OF APPEAL
E. OWUOR ................. JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR