[1999] KECA 52 (KLR)
The Court found that the respondent failed to lodge the record of appeal after filing the notice of appeal, which is an essential procedural step. As the application was unopposed and the procedural default was clear, the Court ordered the notice of appeal struck out and awarded costs to the applicant.
Source-derived case information.
- Citation
- [1999] KECA 52 (KLR)
- Parties
- Applicant: Mwaniki Kibui; Respondent: Jane Weru (Administrix of Weru Karuri)
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 261 of 1999
- Procedural Posture
- Civil Application / Application for Striking Out Notice of Appeal
- Outcome
- Application allowed. Notice of appeal struck out. Costs awarded to applicant.
- Legal Topics
- Striking Out Notice of Appeal, Record of Appeal Noncompliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mwaniki Kibui
Applicant
Jane Weru (Administrix of Weru Karuri)
Respondent
Procedural Posture
Civil Application / Application for Striking Out Notice of Appeal
Legal Issues
- 1 Whether the notice of appeal should be struck out for failure to lodge the record of appeal within the prescribed time.
Ratio Decidendi
The Court found that the respondent failed to lodge the record of appeal after filing the notice of appeal, which is an essential procedural step. As the application was unopposed and the procedural default was clear, the Court ordered the notice of appeal struck out and awarded costs to the applicant.
Court Disposition
Application allowed. Notice of appeal struck out. Costs awarded to applicant.
Orders
- The notice of appeal dated 8/4/93, lodged in Meru H.C.C.C. NO. 10 of 1991 is struck out.
- The applicant will have costs of this application.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT NYERI CORAM: KWACH, SHAH & BOSIRE, JJ.A.
CIVIL APPLICATION NO. NAI 261 OF 1999 (NYR 20/99) BETWEEN
MWANIKI KIBUI .........................................APPLICANT
AND
JANE WERU (Administrix of Weru Karuri) ................RESPONDENT
(Application for striking out the notice of appeal from an order of the High Court of Kenya at Meru (Kuloba J) dated 29th March, 1993
in
H.C.CR.A. NO. 10 OF 1991)
******************
RULING OF THE COURT
This is an application for striking out of the notice of appeal lodged in the High Court at Meru on 8th April, 1993, on the ground that the essential step of lodging the record of appeal has not been taken. The applicaiton is not opposed, quite rightly in our view. The notice of appeal dated 8/4/93, lodged in Meru H.C.C.C. NO. 10 of 1991 is hereby ordered struck out. The applicant will have costs of this application.
Dated and delivered at Nyeri this 29th day of October, 1999.
R. O. KWACH
---------------
JUDGE OF APPEAL
A. B. SHAH
---------------
JUDGE OF APPEAL
S. E. O. BOSIRE
---------------
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR