[1999] KECA 97 (KLR)
The Court held that the omission of the defence to the counterclaim, an admitted pleading, from the record of appeal constituted a breach of the mandatory provisions of rule 85(1)(c) of the Court of Appeal Rules. This omission rendered the record incurably defective and the appeal incompetent. Consequently, the...
Source-derived case information.
- Citation
- [1999] KECA 97 (KLR)
- Parties
- Appellant: IPA Laboratories Limited; Respondent: Nature Pharmacy Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 48 of 1999
- Procedural Posture
- Civil Appeal / Ruling on Preliminary Objection
- Outcome
- appeal struck out as incompetent with costs
- Legal Topics
- Appeal Record Requirements, Striking Out Appeals, Procedural Incompetence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
IPA Laboratories Limited
Appellant
Nature Pharmacy Limited
Respondent
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the omission of the defence to the counterclaim from the record renders the appeal incompetent under rule 85(1)(c) of the Court of Appeal Rules.
Ratio Decidendi
The Court held that the omission of the defence to the counterclaim, an admitted pleading, from the record of appeal constituted a breach of the mandatory provisions of rule 85(1)(c) of the Court of Appeal Rules. This omission rendered the record incurably defective and the appeal incompetent. Consequently, the appeal was struck out with costs to the respondent.
Court Disposition
appeal struck out as incompetent with costs
Orders
- The appeal is struck out as incompetent.
- The appellant shall pay the costs of the appeal to the respondent.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA IPA LABORATORIES LIMITED .............................. APPELLANT AND NATURE PHARMACY LIMITED ............................... RESPONDENT
RULING OF THE COURT
It is not in dispute that the defence to the counterclaim (which is an admitted pleading) is not included in the record in breach of mandatory provisions of rule 85(1)(c) of the Rules of this Court. This renders the record incurably defective and incompetent. Accordingly, the appeal is struck out as incompetent with costs.
Made and delivered at Nairobi this 30th day of November, 1999.
R.O. KWACH ................. JUDGE OF APPEAL
P.K. TUNOI ..................... JUDGE OF APPEAL
A.A. LAKHA ...................... JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR