[2001] KECA 123 (KLR)
The Court held that a notice of appeal is a primary document and, as established in Civil Application No. 328 of 1998, cannot be amended. This precedent is binding on the Court. Since the amendment was not permissible, the application for extension of time to file and serve the amended notice of appeal also failed....
Source-derived case information.
- Citation
- [2001] KECA 123 (KLR)
- Parties
- Applicant: Obed Maina; Applicant: John Menywa; Applicant: Bernard Kariuki; Applicant: Joseph Kigathi; Applicant: Peter N. Gitau; Applicant: Kennedy Mutalii; Applicant: Peter Wachira; Applicant: Agnes Wamukota; Applicant: Naomi Ombasa; Applicant: Farida Ajira; Applicant: James Njoroge; Respondent: Kitale Municipal Council
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 3 of 2001
- Procedural Posture
- Civil Application / Application for Leave to Amend Notice of Appeal and Extension of Time
- Outcome
- application dismissed with costs
- Legal Topics
- Amendment of Notice of Appeal, Extension of Time, Court of Appeal Practice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Obed Maina
Applicant
John Menywa
Applicant
Bernard Kariuki
Applicant
Joseph Kigathi
Applicant
Peter N. Gitau
Applicant
Kennedy Mutalii
Applicant
Peter Wachira
Applicant
Agnes Wamukota
Applicant
Naomi Ombasa
Applicant
Farida Ajira
Applicant
James Njoroge
Applicant
Kitale Municipal Council
Respondent
Procedural Posture
Civil Application / Application for Leave to Amend Notice of Appeal and Extension of Time
Legal Issues
- 1 Whether a notice of appeal can be amended under the Court of Appeal Rules.
- 2 Whether extension of time to file and serve an amended notice of appeal can be granted if amendment is refused.
Ratio Decidendi
The Court held that a notice of appeal is a primary document and, as established in Civil Application No. 328 of 1998, cannot be amended. This precedent is binding on the Court. Since the amendment was not permissible, the application for extension of time to file and serve the amended notice of appeal also failed. Both parties conceded to this position. Accordingly, the application was dismissed with costs.
Court Disposition
application dismissed with costs
Orders
- The application to amend the notice of appeal is dismissed with costs.
- No extension of time to file and serve the amended notice of appeal is granted.
Full Case Text
Judgment text and source record
16 paragraphs
IN THE COURT OF APPEAL AT NAIROBI (CORAM: LAKHA, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 3 OF 2001 (UR 3/2001)
BETWEEN
OBED MAINA ...................................................... 1ST APPLICANT JOHN MENYWA ................................................. 2ND APPLICANT BERNARD KARIUKI ........................................... 3RD APPLICANT JOSEPH KIGATHI ............................................... 4TH APPLICANT PETER N. GITAU ................................................. 5TH APPLICANT KENNEDY MUTALII ............................................ 6TH APPLICANT PETER WACHIRA .............................................. 7TH APPLICANT AGNES WAMUKOTA ......................................... 8TH APPLICANT NAOMI OMBASA ............................................... 9TH APPLICANT FARIDA AJIRA .................................................. 10TH APPLICANT JAMES NJOROGE ........................................... 11TH APPLICANT
AND
KITALE MUNICIPAL COUNCIL ............................. RESPONDENT
(Application for leave to amend a Notice of Appeal and for extensionof time to file and serve the amended Notice of Appeal out of time and Record of Appeal from the Ruling of the High Court of Kenya at Kitale (Lady Justice R. Nambuye) dated 30th August, 2000
in
H.C.C.C. NO. 103 OF 2000) *************
R U L I N G
This is an application to amend a notice of appeal. It is a primary document and cannot be amended. There is a decision of the Court in Civil Application No. 328 of 1998 which held that a notice of appeal cannot be amended and is binding on me I therefore decline to grant the application to amend. Mrs. Arunga conceded that if amendment was refused the extension cannot be granted. Mr. Onditi agreed. In the result, the application is dismissed with costs.
Dated and delivered at Nairobi this 15th day of February, 2001.
A.A. LAKHA
...................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR