[2018] KEHC 4977 (KLR)

[2018] KEHC 4977 (KLR)

The High Court determined that it has jurisdiction to strike out a notice of appeal that was filed in its registry in relation to proceedings before it, especially where the notice was filed in the wrong forum. The court found that the notice of appeal filed on 23/07/2013 was incompetent as it should have been filed...

Source-derived case information.

Citation
[2018] KEHC 4977 (KLR)
Parties
Applicant: Republic; Respondent: The DC Mbeere North District; Respondent: The DC Mbeere South District; Respondent: The DC Masinga District; Respondent: The DC Yatta District; Respondent: The DC Embu East District; Respondent: The DC Embu West District; Respondent: The DC Embu North District; Respondent: The Commissioner of Police; Appellant: Dangai Herbal Limited; Applicant: National Agency for the Campaign Against Drug Abuse (NACADA)
Court
High Court
Court Station
High Court at Embu
Jurisdiction
Kenya
Judgment Date
1 August 2018
Case Number
Miscellaneous Application 76 of 2011
Procedural Posture
Miscellaneous Application / Ruling on Application to Strike Out Notice of Appeal
Outcome
application allowed; notice of appeal struck out with costs
Judges
FN Muchemi
Legal Topics
Judicial Review, Jurisdiction of High Court, Striking Out Documents, Notice of Appeal, Court of Appeal Rules
Source Language
english
Civil Procedure Administrative Law Judicial Review Jurisdiction of High Court Striking Out Documents Notice of Appeal Court of Appeal Rules

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Applicant

The DC Mbeere North District

Respondent

The DC Mbeere South District

Respondent

The DC Masinga District

Respondent

The DC Yatta District

Respondent

The DC Embu East District

Respondent

The DC Embu West District

Respondent

The DC Embu North District

Respondent

The Commissioner of Police

Respondent

Dangai Herbal Limited

Appellant

National Agency for the Campaign Against Drug Abuse (NACADA)

Applicant

Procedural Posture

Miscellaneous Application / Ruling on Application to Strike Out Notice of Appeal

Legal Issues

  1. 1 Whether the High Court has jurisdiction to strike out a notice of appeal filed in the wrong court.
  2. 2 Whether the application to strike out the notice of appeal is merited.

Ratio Decidendi

The High Court determined that it has jurisdiction to strike out a notice of appeal that was filed in its registry in relation to proceedings before it, especially where the notice was filed in the wrong forum. The court found that the notice of appeal filed on 23/07/2013 was incompetent as it should have been filed in the Court of Appeal, not the High Court. The rules regarding time limits for striking out such notices are only applicable when the notice is filed in the correct court. Since the notice was filed in the wrong court, the time limitation argument does not apply. The court concluded that it is within its powers to strike out the incompetent notice of appeal and proceeded to...

Court Disposition

application allowed; notice of appeal struck out with costs

Orders

  • The notice of appeal filed on 23/07/2013 is struck out as incompetent.
  • Costs awarded to the applicant.