[1997] KECA 285 (KLR)
The Court of Appeal found that the appellant failed to raise any issue of law as required under Section 72(1) of the Civil Procedure Act. Since a second appeal is only permissible on points of law, and none were identified or argued, the appeal was incompetent and could not succeed. The court therefore dismissed the...
Source-derived case information.
- Citation
- [1997] KECA 285 (KLR)
- Parties
- Appellant: Mbugua Kaharo; Respondent: Kiritu Mbugua
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 73 of 1995
- Procedural Posture
- Civil Appeal / Second Appeal; Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Appeals Process, Second Appeal, Section 72 Civil Procedure Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mbugua Kaharo
Appellant
Kiritu Mbugua
Respondent
Procedural Posture
Civil Appeal / Second Appeal; Judgment
Legal Issues
- 1 Whether any issue of law was raised in the second appeal as required under Section 72(1) of the Civil Procedure Act.
Ratio Decidendi
The Court of Appeal found that the appellant failed to raise any issue of law as required under Section 72(1) of the Civil Procedure Act. Since a second appeal is only permissible on points of law, and none were identified or argued, the appeal was incompetent and could not succeed. The court therefore dismissed the appeal with costs to the respondent.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: KWACH, TUNOI & SHAH, JJ.A.
CIVIL APPEAL NO. 73 OF 1995
BETWEENMBUGUA KAHARO .................................... APPELLANTANDKIRITU MBUGUA .................................... RESPONDENT(Appeal from judgment of the High Court of Kenya at Nairobi (Dugdale, J) dated 20th December, 1993 in H.C.C.C. NO. 275 OF 1992) ***************JUDGMENT OF THE COURT This is a second appeal but we can find no issue of law raised in terms of Section 72(1) of the Civil Procedure Act. In the result the appeal fails and is dismissed with costs to the respondent. Dated and delivered at Nairobi this 22nd day of April, 1997.
R.O. KWACH .................... 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