[2006] KEHC 2006 (KLR)
The court found that the appeal record was incomplete because the submissions of the defendant in the lower court were missing. The appellant, through counsel, admitted this omission and had been given an opportunity to rectify the defect by filing a supplementary record of appeal but failed to do so. The court held...
Source-derived case information.
- Citation
- [2006] KEHC 2006 (KLR)
- Parties
- Appellant: Henry Lukhanu; Respondent: Pioneer General Assurance Society Ltd
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 8 of 2002
- Procedural Posture
- Civil Appeal / Ruling on Completeness of Record/striking Out Appeal
- Outcome
- appeal struck out with costs to the respondent
- Legal Topics
- Appeal Record Completeness, Striking Out Appeal, 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
Henry Lukhanu
Appellant
Pioneer General Assurance Society Ltd
Respondent
Procedural Posture
Civil Appeal / Ruling on Completeness of Record/striking Out Appeal
Legal Issues
- 1 Whether the appeal record is complete as required for the hearing of the appeal.
- 2 Whether failure to file a supplementary record of appeal justifies striking out the appeal.
Ratio Decidendi
The court found that the appeal record was incomplete because the submissions of the defendant in the lower court were missing. The appellant, through counsel, admitted this omission and had been given an opportunity to rectify the defect by filing a supplementary record of appeal but failed to do so. The court held that compliance with procedural requirements regarding the completeness of the record is mandatory for the proper determination of an appeal. The failure to comply, especially after being granted an opportunity to do so, justified the striking out of the appeal. The court therefore struck out the appeal with costs to the respondent.
Court Disposition
appeal struck out with costs to the respondent
Orders
- The appeal is struck out.
- Costs awarded to the respondent.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BUNGOMA Civil Appeal 8 of 2002
From Original Bungoma C.M.C.C. no.88 of 2001
HENRY LUKHANU .................................................................................................................. APPELLANT
VERSUS
PIONEER GENERAL ASSURANCE SOCIETY LTD ..............................................................RESPONDENT
RULING
The record is not complete, in that the submissions of the defendant in the Lower Court has been left out. This fact is admitted by Mr. Khakula for the appellant who was given an opportunity to put on record a supplementary record of appeal on 11. 5.2004 but has failed to do so to-date.
Accordingly, the appeal is struck out with costs to the Respondent.
DATED AT BUNGOMA THIS 14TH DAY OF FEBRUARY 2006.
N.R.O. OMBIJA
JUDGE