[1996] KECA 20 (KLR)
The Court held that the failure to include exhibits and other documents put in evidence at the hearing in the record of appeal is a contravention of rule 85(1)(f) of the Court of Appeal Rules. This omission renders the appeal defective and fatally incompetent, warranting the striking out of the appeal.
Source-derived case information.
- Citation
- [1996] KECA 20 (KLR)
- Parties
- Appellant: Julius Kanyingi Mwangi; Respondent: Stanley Kihara Muchunga
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 69 of 1994
- Procedural Posture
- Civil Appeal / Order Striking Out Appeal for Non Compliance With Rules
- Outcome
- appeal struck out as incompetent
- Judges
- GS Pall
- Legal Topics
- Appeal Record Requirements, Striking Out Appeal, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Kanyingi Mwangi
Appellant
Stanley Kihara Muchunga
Respondent
Procedural Posture
Civil Appeal / Order Striking Out Appeal for Non Compliance With Rules
Legal Issues
- 1 Whether the omission of exhibits and documents from the record of appeal renders the appeal fatally defective.
Ratio Decidendi
The Court held that the failure to include exhibits and other documents put in evidence at the hearing in the record of appeal is a contravention of rule 85(1)(f) of the Court of Appeal Rules. This omission renders the appeal defective and fatally incompetent, warranting the striking out of the appeal.
Court Disposition
appeal struck out as incompetent
Orders
- The appeal is hereby ordered struck-out.
- No order as to costs.
Full Case Text
Judgment text and source record
27 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: OMOLO, TUNOI & PALL, JJ.A.)
CIVIL APPEAL NO. 69 OF 1994
BETWEEN
JULIUS KANYINGI MWANGI..............APPELLANT
AND
STANLEY KIHARA MUCHUNGA.............RESPONDENT
(Appeal from the judgment and decree of the High Court of Kenya at Nairobi (Hon. Lady Justice R. Walekwa) dated 25th March, 1992
in
H.C.C.C. NO. 3587 OF 1991)
***********************
ORDER OF THE COURT
The record of appeal lodged in this Court on May 6, 1994 does not contain the exhibits and other documents put in evidence at the hearing in contravention of rule 85(1) (f) of the Rules of this Court. This omission renders the appeal defective and fatally incompetent. In the circumstances, the appeal is hereby ordered struck-out. We make no order as to costs.
Dated and delivered at Nairobi this 14th day of October, 1996.
R. S. C. OMOLO
.........................
JUDGE OF APPEAL
P. K. TUNOI
........................
JUDGE OF APPEAL
G. S. PALL
.......................
JUDGE OF APPEAL
I certify that this
is a true copy of the original.
DEPUTY REGISTRAR