[2003] KEHC 770 (KLR)
The court held that the absence of a decree in the record of appeal is a fatal procedural defect under Order XLI rule 1A of the Civil Procedure Rules. Since both parties agreed that no decree was included, the court found the appeal was not competently before it and declined to consider the substantive grounds of...
Source-derived case information.
- Citation
- [2003] KEHC 770 (KLR)
- Parties
- Applicant: Kambaa Tea Factory Co. Ltd.; Respondent: Simon Kamau Mwangi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 475 of ??
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal struck out
- Legal Topics
- Appeal Procedure, Decree Requirement, Competency of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kambaa Tea Factory Co. Ltd.
Applicant
Simon Kamau Mwangi
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the absence of a decree in the record renders the appeal incompetent.
Ratio Decidendi
The court held that the absence of a decree in the record of appeal is a fatal procedural defect under Order XLI rule 1A of the Civil Procedure Rules. Since both parties agreed that no decree was included, the court found the appeal was not competently before it and declined to consider the substantive grounds of appeal. The appeal was therefore struck out with costs to the respondent.
Court Disposition
appeal struck out
Orders
- The appeal is struck out with costs.
Full Case Text
Judgment text and source record
8 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL APPEAL NO. 475 OF 2000
KAMBAA TEA FACTORY CO. LTD. …………………….APPLICANT VERSUS SIMON KAMAU MWANGI ……………………………..RESPONDENT J U D G M E N T
Counsel for both parties agree that there is no decree from which this appeal has been lodged included in the record of appeal and this offends the provisions of Order XLI rule 1A of the Civil Procedure Rules.
This being the position the appeal is not competently before this court and there is no need going through and discussing other grounds of appeal set out in the memorandum and submitted upon in this court.
The appeal is struck out with costs.
Delivered this 25th day of February, 2003.
D.K.S. AGANYANYA JUDGE