[2001] KECA 301 (KLR)
The Court of Appeal held that the omission to date the ruling sought to be appealed against was a breach of Order XX rule 3 of the Civil Procedure Rules. This procedural defect rendered the appeal incompetent, as the requirement to date rulings is mandatory and goes to the root of the validity of the proceedings....
Source-derived case information.
- Citation
- [2001] KECA 301 (KLR)
- Parties
- Appellant: Njeri Kimani; Appellant: Simon Kinyanjui Kimani; Respondent: Joseph Njoroge Murigi; Respondent: John Mukirae Kinungi; Respondent: Pioneer Building Society Ltd. (In Liquidation)
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 252 of 2000
- Procedural Posture
- Civil Appeal / Ruling on Preliminary Objection
- Outcome
- appeal struck out as incompetent
- Legal Topics
- Appeal Incompetence, Order Xx Rule 3, Undated Ruling, Procedural Irregularity
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Njeri Kimani
Appellant
Simon Kinyanjui Kimani
Appellant
Joseph Njoroge Murigi
Respondent
John Mukirae Kinungi
Respondent
Pioneer Building Society Ltd. (In Liquidation)
Respondent
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Legal Issues
- 1 Whether an appeal can be sustained where the ruling appealed from is not dated as required by law.
- 2 Whether failure to date a ruling renders the appeal incompetent.
Ratio Decidendi
The Court of Appeal held that the omission to date the ruling sought to be appealed against was a breach of Order XX rule 3 of the Civil Procedure Rules. This procedural defect rendered the appeal incompetent, as the requirement to date rulings is mandatory and goes to the root of the validity of the proceedings. The court therefore struck out the appeal for want of compliance with the procedural rules, emphasizing that strict adherence to procedural requirements is necessary for the proper administration of justice.
Court Disposition
appeal struck out as incompetent
Orders
- The appeal is struck out.
- There is no order as to costs.
Full Case Text
Judgment text and source record
16 paragraphs
IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, LAKHA & O'KUBASU, JJ.A.) CIVIL APPEAL NO. 252 OF 2000
BETWEEN
NJERI KIMANI ................................................................................ 1ST APPELLANT
SIMON KINYANJUI KIMANI .......................................................... 2ND APPELLANT AND JOSEPH NJOROGE MURIGI ..................................................... 1ST RESPONDENT
JOHN MUKIRAE KINUNGI ......................................................... 2ND RESPONDENT
PIONEER BUILDING SOCIETY LTD. (IN LIQUIDATION).........3RD RESPONDENT
(Appeal from a Ruling and Order of the High Court of Kenya at Nairobi (Milimani Commercial Courts) by Honourable Mr. Justice Hewett dated 19th July, 2000
in
H.C.C.C. NO. 819 OF 2000) *****************
RULING OF THE COURT
As the ruling sought to appeal against is not dated, it is in breach of Order XX rule 3 of the Civil Procedure Rules. This omission renders the appeal incompetent. Accordingly, the appeal is struck out but with no order as to costs.
Dated and delivered at Nairobi this 28th day of June, 2001.
J.E. GICHERU ..................... JUDGE OF APPEAL
A.A. LAKHA ..................... JUDGE OF APPEAL
E. O'KUBASU ..................... JUDGE OF APPEALI certify that this is a true copy of the original.
DEPUTY REGISTRAR