[1988] KECA 80 (KLR)
The Court of Appeal found that the Notice of Motion filed by the applicant was incompetent as it did not comply with the necessary procedural requirements. Consequently, the court struck out the application, emphasizing the importance of adhering to the prescribed procedures when seeking relief from the court. The...
Source-derived case information.
- Citation
- [1988] KECA 80 (KLR)
- Parties
- Applicant: Madiha Mahendra Adalja; Respondent: Mahendra Krishnalal Adalja
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 106 of 1987
- Procedural Posture
- Civil Application / Application to Set Aside Decree of Divorce in Intended Appeal
- Outcome
- Application struck out as incompetent. No order as to costs.
- Legal Topics
- Setting Aside Orders, Divorce Decree, Competence of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Madiha Mahendra Adalja
Applicant
Mahendra Krishnalal Adalja
Respondent
Procedural Posture
Civil Application / Application to Set Aside Decree of Divorce in Intended Appeal
Legal Issues
- 1 Whether the Notice of Motion filed by the applicant was competent before the Court of Appeal.
Ratio Decidendi
The Court of Appeal found that the Notice of Motion filed by the applicant was incompetent as it did not comply with the necessary procedural requirements. Consequently, the court struck out the application, emphasizing the importance of adhering to the prescribed procedures when seeking relief from the court. The court made no order as to costs, indicating that each party would bear their own costs for the application.
Court Disposition
Application struck out as incompetent. No order as to costs.
Orders
- The Notice of Motion filed on 29th June, 1987 is struck out as incompetent.
- No order as to costs.
Full Case Text
Judgment text and source record
17 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(Coram: Nyarangi, Apaloo JJ.A. & Gicheru, AG. J.A.)
CIVIL APPLICATION NO. NAI. 106 OF 1987
BetweenMADIHA MAHENDRA ADALJA.................................APPLICANT
ANDMAHENDRA KRISHNALAL ADALJA....................RESPONDENT
Application for setting aside the decree of divorce in an intended appeal from a judgment of the
High Court of Kenya at Nairobi (O'Conner, J.) dated 29th September, 1986
in
H.C.C.C. NO. 73 OF 1985) ******************ORDER OF THE COURT The Notice of Motion which was filed in this Court on 29th June, 1987 is struck out being incompetent. No order as to costs.
Dated and delivered at Nairobi this 21st day of October, 1988.
J.O. NYARANGI................................
JUDGE OF APPEAL F.K. APALOO.................................
JUDGE OF APPEAL J.E. GICHERU.................................
AG. JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR