[1996] KECA 63 (KLR)
The Court held that the failure to include a certified copy of the decree in the record of appeal, as required by rule 85(1)(h) of the Court of Appeal Rules, rendered the appeal incompetent. Since the appellant conceded the motion, the Court struck out the appeal and awarded costs to the respondent.
Source-derived case information.
- Citation
- [1996] KECA 63 (KLR)
- Parties
- Appellant: Machakos District Co-operative Union Limited; Respondent: Philip Nzuki Kiilu
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 182 of 1994
- Procedural Posture
- Civil Appeal / Ruling on Motion to Strike Out Appeal
- Outcome
- appeal struck out
- Judges
- JE Gicheru, GS Pall
- Legal Topics
- Appeal Record Requirements, Striking Out Appeal, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Machakos District Co-operative Union Limited
Appellant
Philip Nzuki Kiilu
Respondent
Procedural Posture
Civil Appeal / Ruling on Motion to Strike Out Appeal
Legal Issues
- 1 Whether the appeal should be struck out for failure to include a certified copy of the decree as required by rule 85(1)(h) of the Court of Appeal Rules.
Ratio Decidendi
The Court held that the failure to include a certified copy of the decree in the record of appeal, as required by rule 85(1)(h) of the Court of Appeal Rules, rendered the appeal incompetent. Since the appellant conceded the motion, the Court struck out the appeal and awarded costs to the respondent.
Court Disposition
appeal struck out
Orders
- The appeal is struck out with costs to the respondent.
Full Case Text
Judgment text and source record
24 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
CIVIL APPEAL NO. 182 OF 1994
MACHAKOS DISTRICT CO-OPERATIVE UNION LIMITED……….........APPELLANT
AND
PHILIP NZUKI KIILU…………………....................................................RESPONDENT
(Appeal from a judgment of the High Court of Kenya at Machakos (Honourable Mr. Justice J. L.A. Osiemo) dated 20th day of September, 1994
in
H.C.C.C. NO. 5 OF 1994)
***********************
RULING OF THE COURT
By a Notice of Motion dated 18th November, 1996 and lodged in this Court on the same day, the respondent sought to have the appellant’s appeal struck out as being incompetent for the reason that the record of the said appeal does not contain a certified copy of the decree appealed against as is required by rule 85 (1) (h) of the Rules of this Court. Counsel for the appellant concedes this Motion but leaves the question of costs to the Court. In the result we order that this appeal be and is hereby struck out with costs to the respondent.
Dated and delivered at Nairobi this 9th day of December 1996
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