[1998] KECA 142 (KLR)
The court held that under Rule 4 of the Court of Appeal Rules, it has discretion to validate acts done contrary to the rules unless the rule is mandatory. Since the supplementary record only sought to make the appeal record more legible and no valid reason was advanced for refusing leave, the court exercised its...
Source-derived case information.
- Citation
- [1998] KECA 142 (KLR)
- Parties
- Appellant: Mary Wahito Mbugua; Respondent: Punda Milia Farmers Co-operative Society Ltd; Interested Party: Nairobi City Council
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 6 of 1998
- Procedural Posture
- Civil Appeal / Ruling on Interlocutory Application for Leave to File Supplementary Record
- Outcome
- Application for leave to file supplementary record allowed.
- Legal Topics
- Supplementary Record, Leave to File, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Wahito Mbugua
Appellant
Punda Milia Farmers Co-operative Society Ltd
Respondent
Nairobi City Council
Interested Party
Procedural Posture
Civil Appeal / Ruling on Interlocutory Application for Leave to File Supplementary Record
Legal Issues
- 1 Whether the court should grant leave to file a supplementary record of appeal contrary to the rules.
- 2 Whether the supplementary record merely seeks to make the appeal record more legible.
Ratio Decidendi
The court held that under Rule 4 of the Court of Appeal Rules, it has discretion to validate acts done contrary to the rules unless the rule is mandatory. Since the supplementary record only sought to make the appeal record more legible and no valid reason was advanced for refusing leave, the court exercised its discretion in favour of the applicant. The notice of motion for leave to file the supplementary record was allowed, and orders were made as prayed in the relevant paragraphs of the motion. Costs of the motion were ordered to be in the appeal.
Court Disposition
Application for leave to file supplementary record allowed.
Orders
- Leave granted to file the supplementary record as prayed in paragraphs (1) and (2) of the notice of motion dated 17th July, 1998.
- Costs of the motion shall be in the appeal.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT NAIROBI CORAM: OMOLO, J.A. (IN CHAMBERS) CIVIL APPEAL NO. 6 OF 1998BETWEEN MARY WAHITO MBUGUA ...................................APPELLANT AND PUNDA MILIA FARMERS CO-OPERATIVE SOCIETY LTD ........RESPONDENT AND NAIROBI CITY COUNCIL ..........................INTERESTED PARTY(Appeal from the judgment and decree of the High Court of Kenya at Nairobi (Hon. Lady Justice Effie Owuor) made on the 12th March, 1997 in H.C.CIVIL APPEAL NO. 234 OF 1996) ***************************
R U L I N GUnder Rule 4 of the Court's Rules, a Judge of the court is entitled to validate that which has been done contrary to the rules, unless the rule so violated makes mandatory provisions. A Judge of this court is entitled to grant leave to a party to file a supplementary record. The applicant has in fact filed a supplementary record and from what I am told the supplementary record file only seeks to make the appeal record more legible. I can see no valid reason for refusing leave and that being my view of the matter I allow the notice of motion dated the 17th July, 1998 and filed in court on the 20th July, 1998. I make orders as prayed in paragraphs (1) and (2) of the said motion. The costs of the motion shall be in the appeal.
Those shall be my orders.
Dated and delivered at Nairobi this 9th day of November,1998.
R. C. OMOLO JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR