[1997] KECA 276 (KLR)
The court held that it could not determine the application to strike out the appeal because the application did not specify the appeal number and it was unclear whether the application was filed in the relevant appeal. Without these particulars, the court lacked the necessary basis to consider the grounds advanced...
Source-derived case information.
- Citation
- [1997] KECA 276 (KLR)
- Parties
- Applicant: Milka Wanjiru Mathu; Respondent: Wamuita Kamau
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 82 of 1993
- Procedural Posture
- Civil Application / Ruling
- Outcome
- application dismissed
- Legal Topics
- Striking Out of Appeal, Procedural Requirements, Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Milka Wanjiru Mathu
Applicant
Wamuita Kamau
Respondent
Procedural Posture
Civil Application / Ruling
Legal Issues
- 1 Whether the application to strike out the appeal can be determined without the appeal number being provided.
- 2 Whether the court has jurisdiction to entertain the application in the absence of proper filing in the appeal.
Ratio Decidendi
The court held that it could not determine the application to strike out the appeal because the application did not specify the appeal number and it was unclear whether the application was filed in the relevant appeal. Without these particulars, the court lacked the necessary basis to consider the grounds advanced by the applicant. The absence of essential procedural details deprived the court of jurisdiction to entertain the application, leading to its dismissal.
Court Disposition
application dismissed
Orders
- The application is dismissed with no order as to costs.
Full Case Text
Judgment text and source record
10 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI(CORAM: KWACH, SHAH & PALL, JJ.A.)
CIVIL APPLICATION NO. NAI 82 OF 1993BETWEENMILKA WANJIRU MATHU........................................APPLICANTANDWAMUITA KAMAU...............................................RESPONDENTRULING OF THE COURT
This application before us refers to an appeal which the applicant wants struck out. The number of the appeal is not given. Unless this application is filed in the Appeal itself we are unable to decide on any ground advanced by the applicant. The application is therefore dismissed with no order as to costs.
Dated and delivered at Nairobi 17th day of October, 1997.
R. O. KWACH..........................JUDGE OF APPEAL
A. B. SHAH.............................JUDGE OF APPEAL
G. S. PALL.............................JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR