[2024] KEHC 3875 (KLR)

[2024] KEHC 3875 (KLR)

The court held that the appellant had no automatic right of appeal to the High Court from the order dismissing the suit. Under Section 75 of the Civil Procedure Act and Order 43 of the Civil Procedure Rules, an appeal from such an order requires leave of the court. The appellant did not seek or obtain such leave....

Source-derived case information.

Citation
[2024] KEHC 3875 (KLR)
Parties
Appellant: Julius Mwale; Respondent: Standard Media Group Limited
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Civil Appeal 197 of 2023
Procedural Posture
Civil Appeal / Ruling on Appeal Admissibility
Outcome
Appeal summarily rejected for want of jurisdiction; no orders as to costs; file closed.
Judges
RE Aburili
Legal Topics
Right of Appeal, Leave to Appeal, Summary Rejection of Appeal
Source Language
en
Civil Procedure Right of Appeal Leave to Appeal Summary Rejection of Appeal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Julius Mwale

Appellant

Standard Media Group Limited

Respondent

Procedural Posture

Civil Appeal / Ruling on Appeal Admissibility

Legal Issues

  1. 1 Whether the appellant had an automatic right of appeal to the High Court from the order dismissing the suit.
  2. 2 Whether leave to appeal was required and, if so, whether it was sought and obtained.

Ratio Decidendi

The court held that the appellant had no automatic right of appeal to the High Court from the order dismissing the suit. Under Section 75 of the Civil Procedure Act and Order 43 of the Civil Procedure Rules, an appeal from such an order requires leave of the court. The appellant did not seek or obtain such leave. Consequently, the appeal was summarily rejected for want of jurisdiction, as the procedural requirements for instituting the appeal had not been met.

Court Disposition

Appeal summarily rejected for want of jurisdiction; no orders as to costs; file closed.

Orders

  • The appeal is summarily rejected as no automatic right of appeal lies to this court from the order dismissing the suit.
  • No leave to appeal to this court was sought and obtained by the appellant; appeal is incompetent.