[1998] KECA 160 (KLR)
The court found that there was no notice of appeal lodged on 24th November, 1994 in the record before it. As the basis for the application did not exist, the application was misconceived and could not be sustained. The absence of the notice of appeal rendered the application for striking out incompetent, leading to...
Source-derived case information.
- Citation
- [1998] KECA 160 (KLR)
- Parties
- Applicant: Paul O. Mokaya; Respondent: Elly Oduor Ogweno
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application 281 of 1997
- Procedural Posture
- Civil Application / Ruling
- Outcome
- application dismissed
- Judges
- AB Shah
- Legal Topics
- Striking Out Notice of Appeal, Procedural Irregularities
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul O. Mokaya
Applicant
Elly Oduor Ogweno
Respondent
Procedural Posture
Civil Application / Ruling
Legal Issues
- 1 Whether the notice of appeal allegedly lodged on 24th November, 1994 exists in the court record.
- 2 Whether the application for striking out the notice of appeal is competent.
Ratio Decidendi
The court found that there was no notice of appeal lodged on 24th November, 1994 in the record before it. As the basis for the application did not exist, the application was misconceived and could not be sustained. The absence of the notice of appeal rendered the application for striking out incompetent, leading to its dismissal.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- There is no order as to costs.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT KISUMU
(CORAM: OMOLO, TUNOI & SHAH, JJ.A.)
CIVIL APPLICATION NO. NAI. 281 OF 1997 (KSM 12/97)
BETWEEN
PAUL O. MOKAYA ................................................. APPLICANTANDELLY ODUOR OGWENO ..................................... RESPONDENTRULING OF THE COURT
By this application the applicant seeks an order for striking out of a notice of appeal allegedly lodged in the court below on 24th November, 1994. There is no such notice of appeal in the record before us. This application is totally misconceived and is dismissed but with no order as to costs.
Dated and delivered at Kisumu this 26th day of March, 1998.
R. S. C. OMOLO
................. JUDGE OF APPEAL P. K. TUNOI ................. JUDGE OF APPEAL A. B. SHAH ................. JUDGE OF APPEAL
I certify that this is a true copy or the original.
DEPUTY REGISTRAR.