[2016] KEHC 6761 (KLR)
The court found, upon perusal of the lower court judgment and proceedings, that the appeal lacked merit and therefore did not warrant admission. The judge exercised the power to summarily reject the appeal at the admission stage, as provided for under the Civil Procedure Act and Rules, on the basis that the grounds...
Source-derived case information.
- Citation
- [2016] KEHC 6761 (KLR)
- Parties
- Appellant: Samuel Matundio; Appellant: Gitura Matundio; Respondent: John Mbiti Mbugi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 49 of 2015
- Procedural Posture
- Civil Appeal / Admission
- Outcome
- Appeal summarily rejected at admission stage.
- Judges
- FM Njoroge
- Legal Topics
- Appeal Admission, Summary Rejection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Matundio
Appellant
Gitura Matundio
Appellant
John Mbiti Mbugi
Respondent
Procedural Posture
Civil Appeal / Admission
Legal Issues
- 1 Whether the appeal merits admission under the applicable procedural rules.
Ratio Decidendi
The court found, upon perusal of the lower court judgment and proceedings, that the appeal lacked merit and therefore did not warrant admission. The judge exercised the power to summarily reject the appeal at the admission stage, as provided for under the Civil Procedure Act and Rules, on the basis that the grounds raised did not disclose any arguable issue or error in the lower court's decision.
Court Disposition
Appeal summarily rejected at admission stage.
Orders
- The appeal is summarily rejected and not admitted for hearing.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL APPEAL NO 49 OF 2015
1. SAMUEL MATUNDIO
2. GITURA MATUNDIO …................................................APPELANT
VERSUS
JOHN MBITI MBUGI..................................................RESPONDENT
R U L I N G
This matter came before me for admission or non-admission of the Appeal on 15th February, 2016.
I note that the impugned Judgment was delivered on 19th July, 2012. The Memorandum of Appeal was filed on 21st September, 2012.
I have perused the Judgment and the proceedings in the Lower Court. I find that the appeal does not merit admission and is therefore summarily rejected.
Delivered at Meru this 15th day of February, 2016 in the presence of:-
CC: Daniel
P. M. NJOROGE
JUDGE