[1996] KECA 135 (KLR)
The Court of Appeal held that the failure by the appellants to file a memorandum of appeal within the prescribed period was a fatal procedural defect. As the memorandum of appeal is an essential step in instituting an appeal, non-compliance with this requirement meant that there was no competent appeal before the...
Source-derived case information.
- Citation
- [1996] KECA 135 (KLR)
- Parties
- Appellant: Nairobi City Council & Another; Respondent: Samuel Wambaki & 9 Others
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 95 of 1994
- Procedural Posture
- Criminal Appeal / Ruling on Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Appeal Procedure, Memorandum of Appeal, Timeliness of Filing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nairobi City Council & Another
Appellant
Samuel Wambaki & 9 Others
Respondent
Procedural Posture
Criminal Appeal / Ruling on Appeal
Legal Issues
- 1 Whether the appeal was properly before the court given the failure to file a memorandum of appeal within the prescribed period.
Ratio Decidendi
The Court of Appeal held that the failure by the appellants to file a memorandum of appeal within the prescribed period was a fatal procedural defect. As the memorandum of appeal is an essential step in instituting an appeal, non-compliance with this requirement meant that there was no competent appeal before the court. Consequently, the appeal was dismissed for want of compliance with mandatory procedural rules.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
16 paragraphs
IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI & SHAH, JJ.A. & BOSIRE, AG.J.A.) CRIMINAL APPEAL NO. 95 OF 1994
BETWEEN
NAIROBI CITY COUNCIL & ANOTHER ........................ APPELLANTS
AND
SAMUEL WAMBAKI & 9 OTHERS ............................ RESPONDENTS
(Appeal from the Order of the High Court of Kenya at Nairobi (Justice Patel) dated 23rd November, 1995
in
H.C.CR. REV. NO. 66 OF 1994) **********
RULING OF THE COURT
An essential step in this appeal namely the filing of a memorandum of appeal within the prescribed period has not been complied with. In the circumstances this appeal is dismissed.
Dated and delivered in Nairobi this 12th day of November, 1996.
A. M. AKIWUMI ............................ 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.