[2001] KECA 322 (KLR)
The Court of Appeal held that the absence of a notice of appeal renders an application for leave to appeal incompetent. The filing of a notice of appeal is a mandatory procedural requirement under the Court of Appeal Rules. Since the applicant had not filed a notice of appeal, the application for leave was struck...
Source-derived case information.
- Citation
- [2001] KECA 322 (KLR)
- Parties
- Applicant: Dr. Kirtee B. Patel; Respondent: Fredrick Waweru; Respondent: J.M. Muchiiri; Respondent: Francis Mwaura Njoroge
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 15 of 1999
- Procedural Posture
- Civil Application / Application for Leave to Appeal
- Outcome
- Application struck out as incompetent with costs.
- Legal Topics
- Leave to Appeal, Notice of Appeal, Procedural Incompetence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dr. Kirtee B. Patel
Applicant
Fredrick Waweru
Respondent
J.M. Muchiiri
Respondent
Francis Mwaura Njoroge
Respondent
Procedural Posture
Civil Application / Application for Leave to Appeal
Legal Issues
- 1 Whether an application for leave to appeal is competent in the absence of a notice of appeal.
Ratio Decidendi
The Court of Appeal held that the absence of a notice of appeal renders an application for leave to appeal incompetent. The filing of a notice of appeal is a mandatory procedural requirement under the Court of Appeal Rules. Since the applicant had not filed a notice of appeal, the application for leave was struck out as incompetent, with costs awarded to the respondents.
Court Disposition
Application struck out as incompetent with costs.
Orders
- The application is struck out with costs.
Full Case Text
Judgment text and source record
22 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: GICHERU, LAKHA & OWUOR, JJ.A.)
CIVIL APPLICATION NO. NAI. 15 OF 1999
BETWEEN
DR. KIRTEE B. PATEL .............................................................APPLICANT
AND
FREDRICK WAWERU ............................................... 1ST RESPONDENT
J.M. MUCHIIRI ........................................................... 2ND RESPONDENT
FRANCIS MWAURA NJOROGE ............................. 3RD RESPONDENT
(Appeal from the Ruling of the High Court of Kenya at Nairobi
(Justice Aganyanya) dated the 15th day of December, 1998
in
H.C.C.C. NO. 1826 OF 1987)
*****************
RULING OF THE COURT
In the absence of a notice of appeal, this application for leave is incompetent and we accordingly strike it out with costs.
Made at Nairobi this 29th day of May, 2001.
J.E. GICHERU ................... JUDGE OF APPEAL
A.A. LAKHA ................... JUDGE OF APPEAL
E. OWUOR ................... JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR