[1999] KECA 144 (KLR)
The Court of Appeal held that the absence of certified copies of the decrees appealed against in the record of appeal rendered the appeal incompetent. Compliance with procedural requirements, specifically the inclusion of certified decrees, is mandatory for the proper institution of an appeal. The failure to comply...
Source-derived case information.
- Citation
- [1999] KECA 144 (KLR)
- Parties
- Appellant: Migwani Family Helpers Project; Respondent: Hamidas Boutique
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 250 of 1998
- Procedural Posture
- Civil Appeal / Order on Preliminary Objection
- Outcome
- appeal struck out as incompetent
- Legal Topics
- Appeal Incompetence, Record of Appeal Requirements, Striking Out Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Migwani Family Helpers Project
Appellant
Hamidas Boutique
Respondent
Procedural Posture
Civil Appeal / Order on Preliminary Objection
Legal Issues
- 1 Whether the appeal is competent in the absence of certified copies of the decrees appealed against.
Ratio Decidendi
The Court of Appeal held that the absence of certified copies of the decrees appealed against in the record of appeal rendered the appeal incompetent. Compliance with procedural requirements, specifically the inclusion of certified decrees, is mandatory for the proper institution of an appeal. The failure to comply with this requirement is a fatal defect that cannot be cured, and as such, the appeal must be struck out.
Court Disposition
appeal struck out as incompetent
Orders
- The appeal is struck out for want of certified copies of the decrees appealed against.
- No order as to costs.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, TUNOI & LAKHA, JJ.A.) CIVIL APPEAL NO. 250 OF 1998 BETWEEN MIGWANI FAMILY HELPERS PROJECT ......................APPELLANT AND HAMIDAS BOUTIQUE.....................................RESPONDENT
(Appeal from the judgment of the High Court of Kenya at Machakos (Hon. Justice Alex G.A. Etyang) dated 15th July, 1998 in H.C.C.C. NO. 91 OF 1996) CONSOLIDATED WITH CIVIL APPEAL NO. 90 OF 1996) ***************** ORDER OF THE COURT
As the record of appeal does not contain certified copies of the decrees appealed against, this appeal is incompetent and is hereby struck out with no order as to costs.Made at Nairobi this 26th day of May, 1999.
R. O. KWACH -------------- JUDGE OF APPEAL
P. K. TUNOI -------------- JUDGE OF APPEAL
A. A. LAKHA --------------- JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR