[1976] KECA 19 (KLR)
The Court held that a memorandum of appeal that is not signed by an authorized person is fundamentally defective and does not constitute a valid appeal. The appellant's advocate admitted the omission and sought an extension of time to file a proper appeal, citing ignorance of the requirement. The Court found that...
Source-derived case information.
- Citation
- [1976] KECA 19 (KLR)
- Parties
- Appellant: Parbat Keshrnwal; Respondent: Abdul Ismail Nurani
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? ? of ??
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal struck out as incompetent
- Judges
- JS Musoke
- Legal Topics
- Appeal Incompetence, Memorandum of Appeal, Signature Requirement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Parbat Keshrnwal
Appellant
Abdul Ismail Nurani
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether a memorandum of appeal filed without an authorized signature constitutes a valid appeal.
- 2 Whether ignorance of the requirement for a signed memorandum of appeal is sufficient ground for extension of time to file a proper appeal.
Ratio Decidendi
The Court held that a memorandum of appeal that is not signed by an authorized person is fundamentally defective and does not constitute a valid appeal. The appellant's advocate admitted the omission and sought an extension of time to file a proper appeal, citing ignorance of the requirement. The Court found that ignorance of the law or procedural requirements does not excuse non-compliance, and thus cannot justify an extension of time. Consequently, the appeal was struck out as incompetent, and costs were awarded to the respondent.
Court Disposition
appeal struck out as incompetent
Orders
- The appeal is struck out as incompetent.
- Costs awarded to the respondent.
Full Case Text
Judgment text and source record
20 paragraphs
IN THE COURT OF APPEAL FOR EAST AFRICA
AT NAIROBI
(Coram: Wambuzi P, Mustafa & Musoke JJ A)
PARBAT KESHNRWAL…………….………..APPELLANT
VERSUS
ABDUL ISMAIL NURANI…………………RESPONDENT
JUDGMENT
The memorandum of appeal was filed without any authorized person signing it. In the circumstances, as admitted by Mr Amata for the appellant, no appeal is before this Court. Mr Carruthers’ objection, therefore, that the appeal is incompetent is valid. Mr Amata agrees. He has, however, applied to this Court under rule 4 of the Rules of this Court for extension of time to file a proper appeal. He states that he sent his clerk down from Eldoret to file the appeal in Nairobi and, at the time of filing, his clerk discovered that the memorandum was not signed. The clerk thereupon signed it and he informed Mr Amata of this when he returned to Eldoret.
Mr Amata therefore knew of this in May 1975, but took no action to correct this basic error. He has admitted that he did not realise the implications of a non-signature of the memorandum of appeal. In our view it is very clear that an unsigned appeal is no appeal and Mr Amata’s ignorance of this point cannot be a sufficient ground for extension of time. We therefore strike out the appeal as incompetent. Costs to the respondent.
Appeal struck out.
Dated at Nairobi this 19th Day of January 1976
S.W.W. WAMBUZI
…………..……….
PRESIDENT
A.MUSTAFA
………………..
JUDGE OF APPEAL
J.S. MUSOKE
…………….…….
JUDGE OF APPEAL