[1996] KECA 87 (KLR)
The Court of Appeal held that the failure to include a certified copy of the order appealed against is a fatal procedural defect. Compliance with this requirement is mandatory, and its absence renders the appeal incompetent. Consequently, the appeal was struck out for non-compliance with the rules, and no order as...
Source-derived case information.
- Citation
- [1996] KECA 87 (KLR)
- Parties
- Appellant: Kihiu Mwiri Farmers Company Limited; Respondent: Standard Chartered Estate Management Limited; Respondent: Coffee Board of Kenya
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 128 of 1994
- Procedural Posture
- Civil Appeal / Appeal Struck Out Preliminary Objection
- Outcome
- appeal_struck_out
- Judges
- AM Akiwumi, GS Pall
- Legal Topics
- Appeal Incompetence, Mandatory Documentation, Striking Out Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kihiu Mwiri Farmers Company Limited
Appellant
Standard Chartered Estate Management Limited
Respondent
Coffee Board of Kenya
Respondent
Procedural Posture
Civil Appeal / Appeal Struck Out Preliminary Objection
Legal Issues
- 1 Whether the absence of a certified copy of the order appealed against renders the appeal incompetent.
Ratio Decidendi
The Court of Appeal held that the failure to include a certified copy of the order appealed against is a fatal procedural defect. Compliance with this requirement is mandatory, and its absence renders the appeal incompetent. Consequently, the appeal was struck out for non-compliance with the rules, and no order as to costs was made.
Court Disposition
appeal_struck_out
Orders
- The appeal is struck out for want of a certified copy of the order appealed against.
- There will be no order as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
IN THE COURT OF APPEAL AT NAIROBI
CIVIL APPEAL NO. 128 OF 1994
KIHIU MWIRI FARMERS COMPANY LIMITED…....……APPELLANT
AND
1. STANDARD CHARTERED ESTATE MANAGEMENT LIMITED
2. COFFEE BOARD OF KENYA…………...................…RESPONDENT
(An Appeal from the Ruling/Order of the High Court of Kenya at Nairobi (Justice Shah) dated 1st July 1995
in
H.C.C.C. NO.6 OF 1994
RULING OF THE COURT
There is no certified copy of the order appealed against in the record. It is a mandatory requirement. Non-compliance with the rule renders the appeal incompetent and it be and is hereby struck out. There will be no order as to costs.
Dated at Nairobi this 7th day of October, 1996.
A.M. AKIWUMI
…………………………
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