[1997] KECA 226 (KLR)
The appeal was struck out because the appellant failed to include all exhibits produced in the High Court in the record of appeal, in breach of the mandatory provisions of rule 85(1)(f) of the Court of Appeal Rules. The court held that such documents cannot be included in a supplementary record of appeal due to the...
Source-derived case information.
- Citation
- [1997] KECA 226 (KLR)
- Parties
- Appellant: Official Receiver & Interim Liquidator, Continental Credit Finance Limited; Respondent: Deto Investment Company Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 131 of 1997
- Procedural Posture
- Civil Appeal / Ruling on Preliminary Objection/application to Strike Out Appeal
- Outcome
- appeal struck out
- Judges
- JE Gicheru, AB Shah
- Legal Topics
- Record of Appeal Requirements, Appeal Striking Out, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Official Receiver & Interim Liquidator, Continental Credit Finance Limited
Appellant
Deto Investment Company Limited
Respondent
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection/application to Strike Out Appeal
Legal Issues
- 1 Whether the record of appeal complied with mandatory requirements under rule 85(1)(f) of the Court of Appeal Rules.
- 2 Whether missing exhibits can be included in a supplementary record of appeal under rule 85(2A).
Ratio Decidendi
The appeal was struck out because the appellant failed to include all exhibits produced in the High Court in the record of appeal, in breach of the mandatory provisions of rule 85(1)(f) of the Court of Appeal Rules. The court held that such documents cannot be included in a supplementary record of appeal due to the exception in rule 85(2A). As the respondent did not oppose the application, the court granted the application as prayed and struck out the appeal.
Court Disposition
appeal struck out
Orders
- The appeal is hereby struck out.
- No order as to costs.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: GICHERU, TUNOI & SHAH, JJ.A.)
CIVIL APPEAL NO. 131 OF 1997
BETWEEN
OFFICIAL RECEIVER & INTERIMLIQUIDATOR
CONTINENTAL CREDIT FINANCE LIMITED........................................APPELLANT
AND
DETO INVESTMENT COMPANY LIMITED.......................................RESPONDENT
(An appeal from the judgment of the High Court of Kenya at Machakos (Hon. Justice Mwera) dated 2nd October, 1996 in CIVIL CASE NO. 100 OF 1994) ***************
RULING OF THE COURT
The record of appeal lodged in this court on 17th June, 1997 does not contain all exhibits produced in the High Court in breach of the mandatory provisions of rule 85 (1)(f) of the Rules of this Court. These documents cannot be included in a supplementary record of appeal as they are excepted by rule 85(2A) of the said Rules. As Mr. Maina, for the respondent, does not in earnest oppose the application brought under rules 80 and 85 of the Rules, we must grant it as prayed in the Notice of Motion dated 4th November, 1997. The appeal is hereby struck-out. We make no order as to costs.
Delivered at Nairobi this 6th day of November, 1997.
J. E. GICHERU
............................
JUDGE OF APPEAL
P. K. TUNOI
............................
JUDGE OF APPEAL
A. B. SHAH
..........................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR