[1996] KECA 18 (KLR)
The Court held that the failure to include a certified copy of the decree in the record of appeal is a fatal procedural defect under rule 85(1)(h) of the Court of Appeal Rules. As a result, the appeal is incompetent and must be struck out. The Court exercised its discretion not to make any order as to costs.
Source-derived case information.
- Citation
- [1996] KECA 18 (KLR)
- Parties
- Appellant: Kamondia Tuti; Respondent: Wairimu Kamau
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 102 of 1992
- Procedural Posture
- Civil Appeal / Order Striking Out Appeal for Procedural Defect
- Outcome
- appeal struck out as incompetent
- Judges
- JE Gicheru, RO Kwach
- Legal Topics
- Appeal Record Requirements, Procedural Incompetence, Striking Out Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kamondia Tuti
Appellant
Wairimu Kamau
Respondent
Procedural Posture
Civil Appeal / Order Striking Out Appeal for Procedural Defect
Legal Issues
- 1 Whether the absence of a certified copy of the decree in the record of appeal renders the appeal incompetent.
Ratio Decidendi
The Court held that the failure to include a certified copy of the decree in the record of appeal is a fatal procedural defect under rule 85(1)(h) of the Court of Appeal Rules. As a result, the appeal is incompetent and must be struck out. The Court exercised its discretion not to make any order as to costs.
Court Disposition
appeal struck out as incompetent
Orders
- The appeal is struck out for want of a certified copy of the decree in the record of appeal.
- No order as to costs.
Full Case Text
Judgment text and source record
28 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: GICHERU, KWACH & TUNOI, JJ.A.
CIVIL APPEAL NO. 102 OF 1992
BETWEEN
KAMONDIA TUTI……………………………….………..……………APPELLANT
AND
WAIRIMU KAMAU………….…………............…………………….RESPONDENT
(Appeal from the judgment of the High Court of Kenya at Nairobi (Justice Osiemo) dated 5th July 1990
in
H.C.C.C. NO. 4581 OF 1987)
**************
ORDER OF THE COURT
The record of appeal in this case does not contain a certified copy of the decree as required by rule 85(1)(h) of the Court of
Appeal Rules. Consequently, the appeal is incompetent and is hereby struck out with no order as to costs.
Made at Nairobi this 29th day of April, 1996.
J.E. GICHERU
………………………
JUDGE OF APPEAL
R.O. KWACH
………………………
JUDGE OF APPEAL
P.K. TUNOI
………………………
JUDGE OF APPEAL
I certify that this is a true
copy of the original.
DEPUTY REGISTRAR