[2000] KECA 356 (KLR)
The Court found that the respondent conceded both grounds raised by the applicant: the appeal was filed out of time without leave and an essential document was omitted from the record of appeal. These procedural defects are fatal under the Court of Appeal Rules, rendering the appeal incompetent. The Court therefore...
Source-derived case information.
- Citation
- [2000] KECA 356 (KLR)
- Parties
- Appellant: Samvir Trustees Limited; Respondent: Guardian Bank Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 235 of 1999
- Procedural Posture
- Civil Appeal / Ruling on Preliminary Objection
- Outcome
- appeal struck out as incompetent
- Legal Topics
- Appeal Out of Time, Record of Appeal Deficiency, Striking Out Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Samvir Trustees Limited
Appellant
Guardian Bank Limited
Respondent
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the appeal was filed out of time without leave.
- 2 Whether the record of appeal omitted an essential document, rendering the appeal incompetent.
Ratio Decidendi
The Court found that the respondent conceded both grounds raised by the applicant: the appeal was filed out of time without leave and an essential document was omitted from the record of appeal. These procedural defects are fatal under the Court of Appeal Rules, rendering the appeal incompetent. The Court therefore struck out the appeal with costs to the applicant, as the procedural requirements for a valid appeal were not met and no leave had been sought or granted to regularize the defects.
Court Disposition
appeal struck out as incompetent
Orders
- The appeal is struck out with costs to the applicant.
- The costs of the motion are awarded to the applicant.
Full Case Text
Judgment text and source record
7 paragraphs
IN THE COURT OF APPEAL AT NAIROBI CORAM: GICHERU, OMOLO & SHAH,JJ.A. CIVIL APPEAL NO. 235 OF 1999 BETWEEN SAMVIR TRUSTEES LIMITED ................................APPELLANT AND GUARDIAN BANK LIMITED ..................................RESPONDENT
(Appeal from the ruling and order of the High Court of Kenya at Nairobi (Oguk J) dated 8th July, 1999 in H.C.S.C. NO. 795 OF 1997) ******************** RULING OF THE COURT
Mr Billing for the respondent concedes the two points raised by the applicant in their motion, namely, that the appeal was filed out of time without leave and that an essential document has been left out of the record of appeal. That being so, the appeal is incompetent and we order that it be and is hereby struck out with costs. We award the costs of the motion to the applicant. Dated and delivered at Nairobi this 12th day of October, 2000.
J. E. GICHERU-------------------
JUDGE OF APPEALR. S. C. OMOLO-------------------JUDGE OF APPEALA. B. SHAH-------------------JUDGE OF APPEAL
I certify that this is
a true copy of the original. DEPUTY REGISTRAR