[2001] KECA 312 (KLR)
The Court found that the record of appeal was, in many of its pages, quite illegible, thereby infringing Rule 13(2) of the Court of Appeal Rules. This procedural defect was fatal to the appeal, and as a result, the Court struck out the appeal. However, the Court granted the appellant liberty to take necessary...
Source-derived case information.
- Citation
- [2001] KECA 312 (KLR)
- Parties
- Appellant: Paul Murunga t/a Splinter Tours & Travel; Respondent: Capt. J. N. Wafubwa t/a Red Impex General Services
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 170 of 2000
- Procedural Posture
- Civil Appeal / Ruling on Record of Appeal
- Outcome
- appeal struck out with liberty to rectify procedural defect
- Judges
- AM Akiwumi, E Owuor, D Ole Keiwua
- Legal Topics
- Appeal Record Legibility, Procedural Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Murunga t/a Splinter Tours & Travel
Appellant
Capt. J. N. Wafubwa t/a Red Impex General Services
Respondent
Procedural Posture
Civil Appeal / Ruling on Record of Appeal
Legal Issues
- 1 Whether the record of appeal complies with the requirements of Rule 13(2) of the Court of Appeal Rules regarding legibility.
- 2 Whether the appeal should be struck out due to the illegibility of the record.
Ratio Decidendi
The Court found that the record of appeal was, in many of its pages, quite illegible, thereby infringing Rule 13(2) of the Court of Appeal Rules. This procedural defect was fatal to the appeal, and as a result, the Court struck out the appeal. However, the Court granted the appellant liberty to take necessary corrective steps, recognizing that the defect was procedural and could be remedied. The respondent was awarded costs for the day.
Court Disposition
appeal struck out with liberty to rectify procedural defect
Orders
- The appeal is struck out due to illegibility of the record of appeal.
- Liberty is granted to the appellant to take necessary corrective steps.
Full Case Text
Judgment text and source record
18 paragraphs
IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI, OWUOR & KEIWUA, JJ.A.) CIVIL APPEAL NO. 170 OF 2000
BETWEEN
PAUL MURUNGA T/A SPLINTER TOURS & TRAVEL ..............................APPELLANT
AND
CAPT. J. N. WAFUBWA T/A RED IMPEX GENERAL SERVICES ..........RESPONDENT
(Appeal from the Decree of the High Court of Kenya at Nairobi (Justice Mbogholi) dated 24th March, 1999
in
H.C.C.C. NO. 1321 OF 1994) **********
RULING OF THE COURT
The record of appeal filed in this matter is in many of its pages, quite illegible thus infringing Rule 13(2) of our Rules. For this reason, the appeal is struck with liberty for the appellant to take necessary corrective steps. The respondent will have his costs for today.
Dated and delivered at Nairobi this 8th day of February, 2001.
A. M. AKIWUMI
……………………… JUDGE OF APPEAL
E. OWUOR
…………………….. JUDGE OF APPEAL
M. KEIWUA
……………………….. JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR.