[1997] KECA 141 (KLR)
The Court granted the application to strike out the respondent's notice of appeal because the application was not opposed by the respondent's counsel. The absence of opposition and the proper presentation of the application justified the grant of the orders sought. The Court further ordered that costs be awarded to...
Source-derived case information.
- Citation
- [1997] KECA 141 (KLR)
- Parties
- Applicant: Samson Zachary; Applicant: John Nganga; Respondent: Florence Achieng; Respondent: Ratemo Nyambati; Respondent: The Attorney General
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Application 196 of 1997
- Procedural Posture
- Civil Application / Application to Strike Out Notice of Appeal
- Outcome
- Application granted. Notice of appeal struck out with costs to the applicants.
- Legal Topics
- Notice of Appeal, Strike Out Application, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samson Zachary
Applicant
John Nganga
Applicant
Florence Achieng
Respondent
Ratemo Nyambati
Respondent
The Attorney General
Respondent
Procedural Posture
Civil Application / Application to Strike Out Notice of Appeal
Legal Issues
- 1 Whether the respondent's notice of appeal should be struck out as requested by the applicants.
Ratio Decidendi
The Court granted the application to strike out the respondent's notice of appeal because the application was not opposed by the respondent's counsel. The absence of opposition and the proper presentation of the application justified the grant of the orders sought. The Court further ordered that costs be awarded to the applicants, in line with the general principle that costs follow the event.
Court Disposition
Application granted. Notice of appeal struck out with costs to the applicants.
Orders
- The respondent's notice of appeal lodged on 18th April, 1990 is struck out.
- Costs awarded to the applicants.
Full Case Text
Judgment text and source record
6 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT NAKURU CORAM: GICHERU, SHAH, JJ.A. & BOSIRE, AG. J.A. CIVIL APPLICATION NO. NAI 196 OF 1997BETWEEN SAMSON ZACHARY JOHN NGANGA .........................................APPLICANTS AND FLORENCE ACHIENG RATEMO NYAMBATI THE ATTORNEY GENERAL ...................RESPONDENTS(An application to strike out a notice of appeal from the judgment and decree of the High Court of Kenya at Nakuru (Tunoi J) dated 2nd April, 1990 in H.C.C.C. NO. 37 OF 1988) ****************
RULING OF THE COURT
The applicants' application not being opposed by counsel for the respondent, the same is granted so that the respondent's notice of appeal lodged on 18th April, 1990 is struck out with costs to the applicant.Dated and delivered at Nakuru this 26th day of September, 1997.
J. E. GICHERU --------------- JUDGE OF APPEAL A. B. SHAH ---------------JUDGE OF APPEALS. E. O. BOSIRE-------------------AG. JUDGE OF APPEALI certify that this is a true copy of the original.
DEPUTY REGISTRAR