[1998] KECA 102 (KLR)
The Court of Appeal held that since the ruling of the High Court resulted in a judgment against the applicant, which would in turn result in a decree, the applicant had a right of appeal without the need to seek leave. Therefore, the application for leave to appeal was misconceived and had no legal basis.
Source-derived case information.
- Citation
- [1998] KECA 102 (KLR)
- Parties
- Applicant: Manchester Outfitters Limited; Respondent: Chege Njoroge; Respondent: Gabriel Nyanja; Respondent: John Oluoch Onhonji; Respondent: Rachel Kaloki Andayi; Respondent: Alexander Etindi & 27 others
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 26 of 1998
- Procedural Posture
- Civil Application / Application for Leave to Appeal
- Outcome
- application dismissed
- Judges
- AB Shah
- Legal Topics
- Leave to Appeal, Appealability of Orders, Right of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Manchester Outfitters Limited
Applicant
Chege Njoroge
Respondent
Gabriel Nyanja
Respondent
John Oluoch Onhonji
Respondent
Rachel Kaloki Andayi
Respondent
Alexander Etindi & 27 others
Respondent
Procedural Posture
Civil Application / Application for Leave to Appeal
Legal Issues
- 1 Whether leave to appeal is required where a judgment has been entered against the applicant resulting in a decree.
- 2 Whether the application for leave to appeal is misconceived in the circumstances.
Ratio Decidendi
The Court of Appeal held that since the ruling of the High Court resulted in a judgment against the applicant, which would in turn result in a decree, the applicant had a right of appeal without the need to seek leave. Therefore, the application for leave to appeal was misconceived and had no legal basis.
Court Disposition
application dismissed
Orders
- The application for leave to appeal is dismissed.
- There is no order as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OMOLO, TUNOI & SHAH, JJ.A.) CIVIL APPLICATION NO. NAI. 26 OF 1998 (13/98 UR) BETWEEN
MANCHESTER OUTFITTERS LIMITED.......................A.N.D..APPLICANT
1. CHEGE NJOROGE
2. GABRIEL NYANJA
3. JOHN OLUOCH ONHONJI
4. RACHEL KALOKI ANDAYI
5. ALEXANDER ETINDI & 27OTHERS........................RESPONDENTS
(Application for leave to appeal against the Ruling of the High Court of Kenya at Nairobi (Mr. Justice Amin) dated 5th February, 1998 in H.C.C.C. NO. 583 OF 1997)
RULING OF THE COURT
The applicant seeks leave to appeal against orders issued by the superior court (Sheikh Amin, J.) on 5th February, 1998. The ruling of the learned Judge which is sought to be appealed against resulted into a judgment being entered against the applicant which would result into a decree which is appealable as of right and no leave to appeal required. It is a matter of right.
This application is therefore misconceived and is dismissed but with no order as to costs.
Dated and delivered at Nairobi this 24th day of February,
1998.
R.S.C. OMOLO ................
JUDGE OF APPEAL
P. K. TUNOI ................
JUDGE OF APPEAL A. B. SHAH
.................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR