[1996] KECA 6 (KLR)
The Court of Appeal held that the absence of a certified copy of the decree appealed against in the record renders the appeal incompetent. Compliance with procedural requirements, including the inclusion of a certified decree, is mandatory for the proper institution of an appeal. The failure to comply with this...
Source-derived case information.
- Citation
- [1996] KECA 6 (KLR)
- Parties
- Appellant: Muriithi Wachira; Appellant: Tabiths Wangare Muriithi; Respondent: Elijah Maina
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 25 of 1996
- Procedural Posture
- Civil Appeal / Order on Preliminary Objection
- Outcome
- Appeal struck out as incompetent.
- Judges
- JE Gicheru, RO Kwach
- Legal Topics
- Appeal Incompetence, Record of Appeal, Certified Decree Requirement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Muriithi Wachira
Appellant
Tabiths Wangare Muriithi
Appellant
Elijah Maina
Respondent
Procedural Posture
Civil Appeal / Order on Preliminary Objection
Legal Issues
- 1 Whether the appeal is competent in the absence of a certified copy of the decree appealed against.
Ratio Decidendi
The Court of Appeal held that the absence of a certified copy of the decree appealed against in the record renders the appeal incompetent. Compliance with procedural requirements, including the inclusion of a certified decree, is mandatory for the proper institution of an appeal. The failure to comply with this requirement is fatal to the appeal, 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 a certified copy of the decree appealed against.
- No order as to costs.
Full Case Text
Judgment text and source record
27 paragraphs
IN THE COURT OF APPEAL
AT NYERI
CORAM: GICHERU, KWACH & LAKHA, JJ.A.
CIVIL APPEAL NO. 25 OF 1996
BETWEEN
MURIITHI WACHIRA ………………….......…APPELLANT
TABITHS WANGARE MURIITHI…………..…APPELLANT
AND
ELIJAH MAINA………………....…………RESPONDENT
(Appeal from the judgement and decree of the High Court of Kenya at Nyeri(Tunoi, J.) dated 10th January, 1994
IN
H.C.C.C. NO. 35 OF 1988
*********************
ORDER OF THE COURT
The record of the appellant’s does not contain a certified copy of the decree appealed against. In the result the said appeal is incompetent and the same is struck out with no order as to costs
Dated and delivered at Nyeri this 16th day of October, 1996
J. E. GICHERU
………………………
JUDGE OF APPEAL
R. O. KWACH
……………………….
JUDGE OF APPEAL
A. A. LAKHA
………………………..
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR