[2000] KECA 109 (KLR)
The Court found that the Notice of Appeal was defective because it did not include the proper name of the second defendant as an intended appellant. The defect was conceded by the respondents' counsel, who had already sought leave to amend the notice in a separate application. Given the procedural non-compliance and...
Source-derived case information.
- Citation
- [2000] KECA 109 (KLR)
- Parties
- Applicant: Oloololo Game Ranch Limited; Respondent: Abercrombie & Kent Ltd; Respondent: Ilkarekeshe Group Trust Registered Trustees
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 139 of 2000
- Procedural Posture
- Civil Application / Application to Strike Out Notice of Appeal
- Outcome
- Application to strike out Notice of Appeal granted.
- Legal Topics
- Notice of Appeal, Procedural Defects, Extension of Time, Striking Out Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Oloololo Game Ranch Limited
Applicant
Abercrombie & Kent Ltd
Respondent
Ilkarekeshe Group Trust Registered Trustees
Respondent
Procedural Posture
Civil Application / Application to Strike Out Notice of Appeal
Legal Issues
- 1 Whether the Notice of Appeal was defective for failing to include the proper name of the second defendant as an intended appellant.
- 2 Whether the defect in the Notice of Appeal warranted striking out the notice.
Ratio Decidendi
The Court found that the Notice of Appeal was defective because it did not include the proper name of the second defendant as an intended appellant. The defect was conceded by the respondents' counsel, who had already sought leave to amend the notice in a separate application. Given the procedural non-compliance and the concession by the respondents, the Court determined that it had no option but to grant the application to strike out the defective Notice of Appeal. The Court also assessed costs against the respondents.
Court Disposition
Application to strike out Notice of Appeal granted.
Orders
- The Notice of Appeal dated 21.12.99 and filed on 21.12.99 is struck out.
- Costs assessed at 2000/= awarded to the applicant.
Full Case Text
Judgment text and source record
14 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: AKIWUMI, TUNOI & O'KUBASU JJ.A)
CIVIL APPLICATION NO. NAI.139 OF 2000 (UR. 63/2000)
BETWEENOLOOLOLO GAME RANCH LIMITED ..........................APPLICANTAND1. ABERCROMBIE & KENT LTD ......................... IST RESPONDENT2. ILKAREKESHE GROUP TRUSTREGISTERED TRUSTEES ................................ 2ND RESPONDENT(An appeal from the judgement of the High Court of Kenyaat Nairobi (Justice Oguk) dated the 20th December,
1999
in
H.C.C.C. NO.3457 OF 1995)
*********************
RULING OF THE COURT The Notice of Appeal filed in this matter is defective inter alia that in that it does not contain the proper name of the second defendant as one of those who being dissatisfied with the judgment of Oguk J. intends to appeal against the decision of that Judge. This defect has been conceded by the Counsel for the intended appellants who subsequently sought leave in Civil Application No. NAI 230/2000 for extension of time to amend the defective Notice of Appeal.
In the circumstances we have no option but to grant the present application to strike out the Notice of Appeal dated 21. 12. 99 and filed on 21. 12. 99 with cost assessed at 2000/=/ Dated and delivered at Nairobi this 15th day of November, 2000. A.M. AKIWUMI................................. JUDGE OF APPEAL P.K. TUNOI................................ JUDGE OF APPEAL M. O'KUBASU................................. JUDGE OF APPEAL
I certify that this is
a true copy of the original.
DEPUTY REGISTRAR