[1999] KECA 159 (KLR)
The Court found that the notice of appeal was not served on all intended parties as required by the applicable rules. The respondent's counsel conceded the application, and the Court agreed that the failure to serve the notice of appeal on all intended parties was a fatal defect. Consequently, the notice of appeal...
Source-derived case information.
- Citation
- [1999] KECA 159 (KLR)
- Parties
- Appellant: Royal Media Services Ltd.; Respondent: Kenya Television Network Ltd.
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 171 of 1995
- Procedural Posture
- Civil Appeal / Application to Strike Out Notice of Appeal and Appeal
- Outcome
- Notice of appeal and appeal struck out with costs.
- Legal Topics
- Service of Process, Appeal Striking Out, Notice of Appeal Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Royal Media Services Ltd.
Appellant
Kenya Television Network Ltd.
Respondent
Procedural Posture
Civil Appeal / Application to Strike Out Notice of Appeal and Appeal
Legal Issues
- 1 Whether the notice of appeal and appeal should be struck out for failure to serve the notice of appeal on all intended parties.
Ratio Decidendi
The Court found that the notice of appeal was not served on all intended parties as required by the applicable rules. The respondent's counsel conceded the application, and the Court agreed that the failure to serve the notice of appeal on all intended parties was a fatal defect. Consequently, the notice of appeal and the appeal were struck out with costs to the applicant.
Court Disposition
Notice of appeal and appeal struck out with costs.
Orders
- The notice of appeal filed on 26th May, 1995 is struck out.
- The appeal filed on 6th October, 1995 is struck out.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, LAKHA & OWUOR, JJ.A.) CIVIL APPEAL NO. 171 OF 1995 BETWEEN
ROYAL MEDIA SERVICES LTD. .............................. APPELLANT AND KJENYA TELEVISION NETWORK LTD. ......................... RESPONDENT
(Appeal from the Ruling and Order of the High Court of Kenya at Nairobi(Justice Hayanga) dated the 24th day of May, 1995 in H.C.C.C. NO. 1058 OF 1995) *************** ORDER OF THE COURT
This is an application under rule 80 of the Rules of this Court to strike out the Notice of appeal filed on 26th May, 1995 and appeal filed on 6th October, 1995 on the ground that the notice of appeal was not served on all intended parties. Dr. Kuria for the respondent concedes very properly in our view that the application should succeed. That being so, the notice of appeal and the appeal abovementioned are struck out with costs of the appeal and this application.
Made at Nairobi this 29th day of July, 1999.
J.E. GICHERU .................. JUDGE OF APPEAL
A.A. LAKHA .................. JUDGE OF APPEAL
E.OWUOR .................. JUDGE OF APPEALI certify that this is a true copy of the original.
DEPUTY REGISTRAR