[1996] KECA 52 (KLR)
The Court found that the memorandum of appeal did not disclose any point of law, which is a prerequisite for a second appeal to the Court of Appeal. Furthermore, neither the appellant nor his advocate attended court to prosecute the appeal or to urge the grounds of appeal. The only action taken was an attempt to...
Source-derived case information.
- Citation
- [1996] KECA 52 (KLR)
- Parties
- Appellant: Pancreas Mutua M’Arachi; Respondent: M’Arachi M’Mutungi
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 232 of 1995
- Procedural Posture
- Civil Appeal / Second Appeal; Judgment
- Outcome
- appeal dismissed with costs to the respondent
- Judges
- RO Kwach
- Legal Topics
- Appeal Dismissal, Non Attendance, Adjournment Policy
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pancreas Mutua M’Arachi
Appellant
M’Arachi M’Mutungi
Respondent
Procedural Posture
Civil Appeal / Second Appeal; Judgment
Legal Issues
- 1 Whether the appeal discloses any point of law for determination.
- 2 Whether the absence of the appellant or his advocate warrants an adjournment or dismissal of the appeal.
Ratio Decidendi
The Court found that the memorandum of appeal did not disclose any point of law, which is a prerequisite for a second appeal to the Court of Appeal. Furthermore, neither the appellant nor his advocate attended court to prosecute the appeal or to urge the grounds of appeal. The only action taken was an attempt to seek an adjournment through Mr. Kariuki, but the Court reiterated its policy that adjournments are not granted lightly and must be supported by sufficient cause. In the absence of both a legal issue and the appellant's presence, the Court exercised its discretion to dismiss the appeal with costs to the respondent.
Court Disposition
appeal dismissed with costs to the respondent
Orders
- The appeal is dismissed.
- Costs awarded to the respondent.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NYERI
Civil Appeal 232 of 1995
PANCREAS MUTUA M’ARACHI.................................................APPELLANT
AND
M’ARACHI M’MUTUNGI. ..........................................................RESPONDENT
(An appeal from the decree/judgement of the High Court of Kenya at Meru (Mr. C. Ongundi, J.) dated 12th July, 1995
IN
H. C. C. C. NO. 114 OF 1994)
************************
JUDGMENT OF THE COURT
This is a second appeal and a perusal of the memorandum of appeal does not disclose any point of law. Besides, neither the appellant nor his Advocate has attended to urge the grounds of appeal filed in Court. Mr. Kariuki was apparently instructed only to apply for the matter to be adjourned but this Court does not grant adjournments lightly. In the result, the appeal is dismissed with costs to the respondent.
Dated and delivered at Nyeri this 14th day of May, 1996.
R. O. KWACH
………………..
JUDGE OF APPEAL
R. S. C. OMOLO
………………..
JUDGE OF APPEAL
A. A. LAKHA
………………..
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR