[2002] KECA 165 (KLR)
The Court found that the notice of appeal filed by the appellants related to two separate orders, contrary to the procedural rules, and that the extracted order was not properly drawn. The respondent's counsel conceded to the objection, and the Court held that these procedural defects rendered the appeal...
Source-derived case information.
- Citation
- [2002] KECA 165 (KLR)
- Parties
- Appellant: Pan African Paper Mills Ltd; Appellant: Salome Kiprop t/a Somget Traders; Appellant: Salome Kiprop t/a Chamyet Women Group; Appellant: Stephen Chesire t/a Nyaru Saw Mills; Respondent: Solid Brokers Limited; Respondent: Pius K. Kidombo t/a Somget Traders
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 134 of 2000
- Procedural Posture
- Civil Appeal / Ruling on Preliminary Objection
- Outcome
- appeal struck out
- Judges
- E Owuor
- Legal Topics
- Notice of Appeal, Competency of Appeal, Extraction of Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pan African Paper Mills Ltd
Appellant
Salome Kiprop t/a Somget Traders
Appellant
Salome Kiprop t/a Chamyet Women Group
Appellant
Stephen Chesire t/a Nyaru Saw Mills
Appellant
Solid Brokers Limited
Respondent
Pius K. Kidombo t/a Somget Traders
Respondent
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the notice of appeal filed relates to more than one order contrary to the rules.
- 2 Whether the extracted order was properly drawn as required by law.
- 3 Whether the appeal is competent in light of the procedural defects.
Ratio Decidendi
The Court found that the notice of appeal filed by the appellants related to two separate orders, contrary to the procedural rules, and that the extracted order was not properly drawn. The respondent's counsel conceded to the objection, and the Court held that these procedural defects rendered the appeal incompetent. Consequently, the appeal was struck out for non-compliance with the mandatory procedural requirements.
Court Disposition
appeal struck out
Orders
- The appeal is struck out.
- No order as to costs.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT KISUMU
(CORAM: KWACH, LAKHA & OWUOR, JJ.A.)
CIVIL APPEAL NO. 134 OF 2000
BETWEEN
1. PAN AFRICAN PAPER MILLS LTD
2. SALOME KIPROP
t/a SOMGET TRADERS
3. SALOME KIPROP
t/a CHAMYET WOMEN GROUP
4. STEPHEN CHESIRE
t/a NYARU SAW MILLS............................................APPELLANTS
AND
1. SOLID BROKERS LIMITED
2. PIUS K. KIDOMBO t/a SOMGET TRADERS).................RESPONDENTS
(An appeal from the Ruling and order of the High Court of Kenya at Kisumu (Wambilyangah, J.) dated 18/5/1999
in
H.C.C.C. NO. 61 OF 1999)
*******************
RULING OF THE COURT:
Mr. Otieno complains (with leave of the Court) that the notice of appeal filed relates to two separate orders. The order extracted is also not properly drawn. We agree.
Accordingly, this appeal is incompetent as Mr. Nyagaka concedes that he has no answer to the objection raised. In the result, this appeal is struck out but with no order as to costs.
Dated and delivered at Kisumu this 13th day of March, 2002.
R.O. KWACH .............
JUDGE OF APPEAL
A.A. LAKHA
...............
JUDGE OF APPEAL
E. OWUOR
..............
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR