[2002] KECA 168 (KLR)

[2002] KECA 168 (KLR)

The Court of Appeal exercised its discretion to adjourn the application to strike out the notice and record of appeal, granting the respondent time to comply with rule 96 of the Court of Appeal Rules. The court determined that, in the interests of justice, the respondent should be afforded an opportunity to rectify...

Source-derived case information.

Citation
[2002] KECA 168 (KLR)
Parties
Applicant: Nyakangi Nyamache; Respondent: Kabete Mbuga
Court
Court of Appeal
Court Station
Court of Appeal at Kisumu
Jurisdiction
Kenya
Case Number
Civil Miscellaneous Application 461 of 2001
Procedural Posture
Civil Application / Application to Strike Out Notice and Record of Appeal
Outcome
Application adjourned to the next sessions in Kisumu. Respondent to take steps to comply with rule 96 of the Court of Appeal Rules. Costs of the adjournment to be in the application.
Legal Topics
Appeal Striking Out, Court of Appeal Rules, Adjournment, Costs of Application
Source Language
en
Civil Procedure Appeal Striking Out Court of Appeal Rules Adjournment Costs of Application

Source-derived case record

Summary, issues, holding and outcome

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Parties

Nyakangi Nyamache

Applicant

Kabete Mbuga

Respondent

Procedural Posture

Civil Application / Application to Strike Out Notice and Record of Appeal

Legal Issues

  1. 1 Whether the notice and record of appeal should be struck out for non-compliance with the Court of Appeal Rules.
  2. 2 Whether the respondent should be granted time to comply with rule 96 of the Court of Appeal Rules.

Ratio Decidendi

The Court of Appeal exercised its discretion to adjourn the application to strike out the notice and record of appeal, granting the respondent time to comply with rule 96 of the Court of Appeal Rules. The court determined that, in the interests of justice, the respondent should be afforded an opportunity to rectify any procedural defects before the application is determined. The costs of the adjournment were ordered to be in the application, meaning they will be determined at the conclusion of the application.

Court Disposition

Application adjourned to the next sessions in Kisumu. Respondent to take steps to comply with rule 96 of the Court of Appeal Rules. Costs of the adjournment to be in the application.

Orders

  • Application adjourned to the next sessions in Kisumu.
  • Respondent to take steps to comply with rule 96 of the Court of Appeal Rules.