[2024] KEHC 3878 (KLR)

[2024] KEHC 3878 (KLR)

The court found that the Memorandum of Appeal filed by the appellants did not disclose any triable issue on appeal. The grounds of appeal were too generalized and failed to identify any specific errors of law or fact in the lower court's judgment. In the absence of particularized grounds or arguable points, the...

Source-derived case information.

Citation
[2024] KEHC 3878 (KLR)
Parties
Appellant: Cornel Odwar Obilo; Appellant: Joel Mboga Odeny; Respondent: Rt. Rev. Kenneddy Obonyo Ongocho; Respondent: Rt. Rev. Moses Olanya; Respondent: Rev. Yuda Omondi Ayoo
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Civil Appeal E014 of 2024
Procedural Posture
Civil Appeal / Ruling on Summary Rejection of Appeal
Outcome
appeal summarily rejected
Judges
RE Aburili
Legal Topics
Summary Rejection of Appeal, Triable Issues on Appeal, Memorandum of Appeal, Grounds of Appeal
Source Language
en
Civil Procedure Summary Rejection of Appeal Triable Issues on Appeal Memorandum of Appeal Grounds of Appeal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Cornel Odwar Obilo

Appellant

Joel Mboga Odeny

Appellant

Rt. Rev. Kenneddy Obonyo Ongocho

Respondent

Rt. Rev. Moses Olanya

Respondent

Rev. Yuda Omondi Ayoo

Respondent

Procedural Posture

Civil Appeal / Ruling on Summary Rejection of Appeal

Legal Issues

  1. 1 Whether the Memorandum of Appeal discloses any triable issue on appeal.
  2. 2 Whether the grounds of appeal are sufficiently particularized to warrant consideration.

Ratio Decidendi

The court found that the Memorandum of Appeal filed by the appellants did not disclose any triable issue on appeal. The grounds of appeal were too generalized and failed to identify any specific errors of law or fact in the lower court's judgment. In the absence of particularized grounds or arguable points, the court exercised its discretion to summarily reject the appeal in accordance with the Civil Procedure Rules. The court emphasized that appellate jurisdiction is not invoked by vague or non-specific complaints, and that only appeals raising clear issues for determination should proceed.

Court Disposition

appeal summarily rejected

Orders

  • The appeal is summarily rejected as the Memorandum of Appeal does not disclose any triable issue on appeal.
  • This file is closed.