[1999] KECA 209 (KLR)
The Court held that the absence of a certified copy of the order appealed from in the record of appeal is a fatal defect under rule 85(1)(h) of the Court of Appeal Rules. Since the appellant's counsel conceded to this omission and the respondent had raised the issue in an application to strike out the appeal, the...
Source-derived case information.
- Citation
- [1999] KECA 209 (KLR)
- Parties
- Appellant: Shem Okeyo Onyango; Respondent: Camlus Oduor Madialo
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 197 of 1998
- Procedural Posture
- Civil Appeal / Appeal Struck Out Preliminary Objection
- Outcome
- appeal_struck_out
- Legal Topics
- Appeal Record Requirements, Striking Out Appeals, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shem Okeyo Onyango
Appellant
Camlus Oduor Madialo
Respondent
Procedural Posture
Civil Appeal / Appeal Struck Out Preliminary Objection
Legal Issues
- 1 Whether the appeal is competent in the absence of a certified copy of the order appealed from as required by rule 85(1)(h) of the Court of Appeal Rules.
Ratio Decidendi
The Court held that the absence of a certified copy of the order appealed from in the record of appeal is a fatal defect under rule 85(1)(h) of the Court of Appeal Rules. Since the appellant's counsel conceded to this omission and the respondent had raised the issue in an application to strike out the appeal, the Court found the appeal incompetent and ordered it struck out with costs to the respondent.
Court Disposition
appeal_struck_out
Orders
- The appeal is struck out as incompetent.
- Costs awarded to the respondent.
Full Case Text
Judgment text and source record
6 paragraphs
IN THE HIGH COURT OF KENYA AT MOMBASAIN THE COURT OF APPEAL AT KISUMU(Coram: Gicheru, Tunoi & Lakha, JJ.A.) CIVIL APPEAL NO. 197 OF 1998 BETWEEN
SHEM OKEYOONYANGO.................................APPELLANT AND
CAMLUS ODUORMADIALO..........................RESPONDENT (An appeal from the Ruling and Order of the High Court of Kenya at Kisumu (Wambilyangah, J.) dated 21st April, 1998 in H.C.C.C. NO. 107 OF 1992) ************************* ORDER OF THE COURT: Counsel for the appellant concedes that the record of this appeal does not contain a certified copy of the order appealed from as is mandatorily required by rule 85(1)(h) of the Court of Appeal Rules. In the result the said appeal is incompetent and is struck out with costs to the respondent as the point of non-inclusion of the certified copy of the order appealed from was raised in the respondent's application to strike out this appeal. Dated and delivered this 24th day of November, 1999. J.E. GICHERU ................ JUDGE OF APPEAL
P.K. TUNOI ................ JUDGE OF APPEAL A.A. LAKHA ............... JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR