[1998] KECA 42 (KLR)
The Court of Appeal, after considering the submissions of both parties, found merit in the application to strike out the specified paragraphs of the memorandum of appeal. The court exercised its discretion under the Civil Procedure Rules to allow the application as prayed, striking out the enumerated paragraphs. The...
Source-derived case information.
- Citation
- [1998] KECA 42 (KLR)
- Parties
- Appellant: Lali Swaleh Lali; Appellant: Faqik Kahale Skekuwe; Appellant: Khalid Bwana Mbere; Appellant: Kalume Katubu; Respondent: Stephen Mathenge Wachira; Respondent: Omar Khamisi Balleth; Respondent: Commissioner of Lands; Respondent: Honourable Attorney General
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 271 of 1997
- Procedural Posture
- Civil Appeal / Ruling on Application to Strike Out Parts of Memorandum of Appeal
- Outcome
- Application allowed; specified paragraphs of the memorandum of appeal struck out; reasons reserved for judgment.
- Judges
- JE Gicheru, GS Pall
- Legal Topics
- Striking Out Pleadings, Memorandum of Appeal, Appellate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lali Swaleh Lali
Appellant
Faqik Kahale Skekuwe
Appellant
Khalid Bwana Mbere
Appellant
Kalume Katubu
Appellant
Stephen Mathenge Wachira
Respondent
Omar Khamisi Balleth
Respondent
Commissioner of Lands
Respondent
Honourable Attorney General
Respondent
Procedural Posture
Civil Appeal / Ruling on Application to Strike Out Parts of Memorandum of Appeal
Legal Issues
- 1 Whether certain paragraphs of the memorandum of appeal should be struck out as prayed in the Notice of Motion.
Ratio Decidendi
The Court of Appeal, after considering the submissions of both parties, found merit in the application to strike out the specified paragraphs of the memorandum of appeal. The court exercised its discretion under the Civil Procedure Rules to allow the application as prayed, striking out the enumerated paragraphs. The reasons for this decision were reserved to be given in the full judgment.
Court Disposition
Application allowed; specified paragraphs of the memorandum of appeal struck out; reasons reserved for judgment.
Orders
- Paragraphs 1, 2, 4-10, 12-31, 34-40, 42-43, 45-48, 55-58, 60 and 62-75 in the Memorandum of Appeal are struck out.
- Reasons for the ruling to be given in the judgment.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL OF KENYA
AT NAIROBI
Civil Appeal 271 of 1997
LALI SWALEH LALI
FAQIK KAHALE SKEKUWE
KHALID BWANA MBERE
KALUME KATUBU.................................................................................................................... APPELLANTS
AND
STEPHEN MATHENGE WACHIRA
OMAR KHAMISI BALLETH
COMMISSIONER OF LANDS
HONOURABLE ATTORNEY GENERAL......................................................................... RESPONDENTS
(An appeal from a Ruling and Orders of the High Court of Kenya at Nairobi (Mr. Justice Ole Keiwa) dated 31st July, 1997
in
H.C.C.C. NO. 3374 OF 1994)
********************
RULING OF THE COURT
Having heard the rival submissions of counsel for the parties to this application, we allow the application as prayed in the Notice of Motion dated 5th June, 1998. Consequently, paragraphs 1, 2, 4 -10, 12 -31, 34 - 40, 42 - 43, 45 - 48, 55 - 58, 60 and 62 - 75 in the Memorandum of Appeal are struck out. We reserve our reasons and we shall give them in our judgment.
Made at Nairobi this 10th day of June, 1998.
J. E. GICHERU
...............
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