[1998] KECA 146 (KLR)
The Court of Appeal found no merit in the application to strike out the appeal. The court determined that the grounds advanced by the applicants were insufficient to warrant the drastic remedy of striking out the appeal. Accordingly, the application was dismissed with costs awarded to the respondents.
Source-derived case information.
- Citation
- [1998] KECA 146 (KLR)
- Parties
- Appellant: Hon. John Njoroge Michuki; Appellant: Rose Waruino Muthemba; Respondent: Andrew Mungai Muthemba; Respondent: Kent2azuga Hardware Ltd.
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 79 of 1998
- Procedural Posture
- Civil Appeal / Application to Strike Out the Appeal
- Outcome
- application dismissed with costs to the respondents
- Judges
- RO Kwach, GS Pall, E Owuor
- Legal Topics
- Winding Up Proceedings, Company Law Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hon. John Njoroge Michuki
Appellant
Rose Waruino Muthemba
Appellant
Andrew Mungai Muthemba
Respondent
Kent2azuga Hardware Ltd.
Respondent
Procedural Posture
Civil Appeal / Application to Strike Out the Appeal
Legal Issues
- 1 Whether the appeal should be struck out as incompetent or otherwise not maintainable.
Ratio Decidendi
The Court of Appeal found no merit in the application to strike out the appeal. The court determined that the grounds advanced by the applicants were insufficient to warrant the drastic remedy of striking out the appeal. Accordingly, the application was dismissed with costs awarded to the respondents.
Court Disposition
application dismissed with costs to the respondents
Orders
- The application to strike out the appeal is dismissed.
- Costs awarded to the respondents.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: KWACH, PALL & OWUOR, JJ.A)
CIVIL APPEAL APPL. NO. 79 OF 1998
BETWEEN
HON. JOHN NJOROGE MICHUKI ....................... 1ST APPELLANT
ROSE WARUINO MUTHEMBA ........................... 2ND APPELLANT
AND
ANDREW MUNGAI MUTHEMBA .......................... 1ST RESPONDENT
KENT2AZUGA HARDWARE LTD. .......................... 2ND RESPONDENT
(Being and application to strike out the appeal arising from the ruling of the High Court of Kenya at Nairobi (Hon. Justice Hayanga) dated 24th February, 1997
in
H.C. Winding Up Cause No. 17 of 1996)
*********************************
RULING OF THE COURT
We see no merit in the application. The same is hereby dismissed with costs to the respondents.
Dated and delivered at Nairobi this 10th day of November, 1998.
R. O. KWACH
.................
JUDGE OF APPEAL
G. S. PALL
.................
JUDGE OF APPEAL
E. OWUOR
..................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR