[2001] KECA 319 (KLR)
The Court found that the appellant had not taken the essential procedural steps required under Rule 80 of the Court of Appeal Rules. The respondent's arguments failed to demonstrate compliance with these requirements. As a result, the Court allowed the application to strike out the appeal, emphasizing the necessity...
Source-derived case information.
- Citation
- [2001] KECA 319 (KLR)
- Parties
- Appellant: Standard Chartered Bank (K) Ltd.; Respondent: Meme J.M. Anjuri; Respondent: Gitimbine Industries Ltd.
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 158 of 1999
- Procedural Posture
- Civil Appeal / Application to Strike Out Appeal Under Rule 80
- Outcome
- Appeal struck out with costs to the respondents, including costs of the motion.
- Legal Topics
- Appeal Striking Out, Procedural Non Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Standard Chartered Bank (K) Ltd.
Appellant
Meme J.M. Anjuri
Respondent
Gitimbine Industries Ltd.
Respondent
Procedural Posture
Civil Appeal / Application to Strike Out Appeal Under Rule 80
Legal Issues
- 1 Whether the appellant took the essential procedural steps required under the Court of Appeal Rules for lodging an appeal.
- 2 Whether failure to comply with procedural requirements warrants striking out the appeal.
Ratio Decidendi
The Court found that the appellant had not taken the essential procedural steps required under Rule 80 of the Court of Appeal Rules. The respondent's arguments failed to demonstrate compliance with these requirements. As a result, the Court allowed the application to strike out the appeal, emphasizing the necessity of strict adherence to procedural rules in appellate practice.
Court Disposition
Appeal struck out with costs to the respondents, including costs of the motion.
Orders
- The appeal lodged on 5th July, 1999 is struck out.
- Costs awarded to the respondents, including costs of the motion.
Full Case Text
Judgment text and source record
28 paragraphs
IN THE COURT OF APPEAL
AT NYERI
(CORAM: GICHERU, TUNOI & LAKHA, JJ.A.)
CIVIL APPEAL (APPLICATION) NO. 158 OF 1999
BETWEEN
STANDARD CHARTERED BANK (K) LTD. ........... APPELLANT/RESPONDENT
AND
MEME J.M. ANJURI ........................ 1ST RESPONDENT/APPELLANT
GITIMBINE INDUSTRIES LTD. ............... 2ND RESPONDENT/APPELLANT
(Appeal from the Judgment and Decree of the High Court of
Kenya at Meru (Justice Etyang) dated 29th May, 1998
in
H.C.C.C. NO. 77 OF 1993)
***********
RULING OF THE COURT
This is an application under rule 80 of the Rules of this Court to strike out the appeal lodged on 5th July, 1999 on the grounds set out in the notice of motion filed on 24th March, 2000. We are satisfied that the essential steps as therein are set out have not been taken. Mr. Mwarania has failed to persuade us otherwise. In the result, the notice of motion succeeds. Accordingly, the appeal lodged on 5th July, 1999 is struck out with costs including the costs of the motion.
Made at Nyeri this 2nd day of November, 2001.
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