[1999] KECA 107 (KLR)
The Court of Appeal allowed the application to strike out the notice of appeal because it was not opposed by the respondent. The court exercised its discretion to grant the orders sought, including an award of costs to the applicant, as there was no contestation or substantive argument against the application.
Source-derived case information.
- Citation
- [1999] KECA 107 (KLR)
- Parties
- Applicant: Jaspal Singh Obrai; Respondent: Kenatco Transport Co. Ltd.
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 311 of 1997
- Procedural Posture
- Civil Application / Application to Strike Out Notice of Appeal
- Outcome
- Application allowed. Notice of appeal struck out with costs to the applicant.
- Legal Topics
- Notice of Appeal, Striking Out Applications, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jaspal Singh Obrai
Applicant
Kenatco Transport Co. Ltd.
Respondent
Procedural Posture
Civil Application / Application to Strike Out Notice of Appeal
Legal Issues
- 1 Whether the notice of appeal lodged in the High Court on 21st November, 1990 should be struck out.
Ratio Decidendi
The Court of Appeal allowed the application to strike out the notice of appeal because it was not opposed by the respondent. The court exercised its discretion to grant the orders sought, including an award of costs to the applicant, as there was no contestation or substantive argument against the application.
Court Disposition
Application allowed. Notice of appeal struck out with costs to the applicant.
Orders
- The notice of appeal lodged in the High Court on 21st November, 1990 is struck out.
- Costs of the application awarded to the applicant.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CORAM: OMOLO, TUNOI & SHAH, JJ.A. CIVIL APPLICATION NO. NAI 311 OF 1997 BETWEEN
JASPAL SINGH OBRAI ....................................APPLICANT AND KENATCO TRANSPORT CO. LTD. ............................RESPONDENT
(Application to strike out notice of appeal in an intended appeal from a ruling of the High Court of Kenya at Nairobi (Tank J) dated 21st November, 1990 in H.C.C.C. NO. 2638 OF 1988) *********************** ORDER OF THE COURT
As the application is not opposed, we allow the same and order that the notice of appeal lodged in the High Court on the 21st November, 1990 be and is hereby struck out with costs thereof to the applicant.
Made at Nairobi this 15th day of April, 1999.
R. S. C. OMOLO --------------- JUDGE OF APPEAL
P. K. TUNOI --------------- JUDGE OF APPEAL
A. B. SHAH --------------- JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR