[1996] KECA 50 (KLR)

[1996] KECA 50 (KLR)

The Court of Appeal held that the omission of a certified copy of the order appealed against from the original record of appeal rendered the appeal incurably defective. The attempt to file a supplementary record of appeal did not cure the defect, as the Court of Appeal Rules do not permit the filing of a...

Source-derived case information.

Citation
[1996] KECA 50 (KLR)
Parties
Appellant: Lake Victoria Fish Ltd; Respondent: Chotu Pabari t/a Pabari Hardware
Court
Court of Appeal
Court Station
Court of Appeal at Nairobi
Jurisdiction
Kenya
Case Number
Civil Appeal 3 of 1994
Procedural Posture
Civil Appeal / Appeal Struck Out
Outcome
appeal_struck_out
Judges
RO Kwach, AM Akiwumi, AB Shah
Legal Topics
Record of Appeal Requirements, Supplementary Record, Appeal Striking Out, Court of Appeal Rules
Source Language
en
Civil Procedure Record of Appeal Requirements Supplementary Record Appeal Striking Out Court of Appeal Rules

Source-derived case record

Summary, issues, holding and outcome

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Parties

Lake Victoria Fish Ltd

Appellant

Chotu Pabari t/a Pabari Hardware

Respondent

Procedural Posture

Civil Appeal / Appeal Struck Out

Legal Issues

  1. 1 Whether the failure to include a certified copy of the order appealed against renders the appeal incurably defective.
  2. 2 Whether filing a supplementary record of appeal cures the defect of an incomplete original record.
  3. 3 Whether costs should be awarded when there is no application by the respondent under the relevant rule.

Ratio Decidendi

The Court of Appeal held that the omission of a certified copy of the order appealed against from the original record of appeal rendered the appeal incurably defective. The attempt to file a supplementary record of appeal did not cure the defect, as the Court of Appeal Rules do not permit the filing of a supplementary record to include such a mandatory document. Consequently, the appeal was struck out. The court further held that no order as to costs would be made, as the respondent had not applied for costs under rule 80 of the Rules of the Court.

Court Disposition

appeal_struck_out

Orders

  • The appeal is struck out.
  • No order as to costs.