[1997] KECA 42 (KLR)
The Court of Appeal found that the appellant had not raised any issue of law as required for a second appeal under Section 72(1) of the Civil Procedure Act. As a result, the appeal was dismissed. The court emphasized that its jurisdiction on a second appeal is limited to questions of law, and since none were...
Source-derived case information.
- Citation
- [1997] KECA 42 (KLR)
- Parties
- Appellant: Mbugua Kaharo; Respondent: Kiritu Mbugua
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 73 of 1995
- Procedural Posture
- Civil Appeal / Judgment on Second Appeal
- Outcome
- appeal dismissed with costs to the respondent
- Legal Topics
- Second Appeal, Section 72 Civil Procedure Act, Appeal Dismissal
- 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 / Judgment on Second Appeal
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 had not raised any issue of law as required for a second appeal under Section 72(1) of the Civil Procedure Act. As a result, the appeal was dismissed. The court emphasized that its jurisdiction on a second appeal is limited to questions of law, and since none were presented, there was no basis to interfere with the decision of the High Court.
Court Disposition
appeal dismissed with costs to the respondent
Orders
- The appeal is dismissed.
- Costs awarded to the respondent.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI
Civil Appeal 73 of 1995
MBUGUA KAHARO……………….......................................…………………………………APPELLANT
AND
KIRITU 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