[1999] KECA 182 (KLR)
The Court found that the error on the memorandum of appeal was fatal to the proceedings. Since the appellant's counsel conceded the point, the Court had no option but to strike out the appeal as incompetent. The respondent was awarded the costs of both the motion and the appeal.
Source-derived case information.
- Citation
- [1999] KECA 182 (KLR)
- Parties
- Appellant: Stephen Wanyee Kinuthia; Respondent: Simon Macharia Kinuthia
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 109 of 1999
- Procedural Posture
- Civil Appeal / Ruling on Preliminary Objection
- Outcome
- Appeal struck out as incompetent.
- Legal Topics
- Incompetent Appeal, Memorandum of Appeal Error
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Wanyee Kinuthia
Appellant
Simon Macharia Kinuthia
Respondent
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the error on the memorandum of appeal renders the appeal incompetent.
Ratio Decidendi
The Court found that the error on the memorandum of appeal was fatal to the proceedings. Since the appellant's counsel conceded the point, the Court had no option but to strike out the appeal as incompetent. The respondent was awarded the costs of both the motion and the appeal.
Court Disposition
Appeal struck out as incompetent.
Orders
- The appeal is struck out.
- The respondent will have the costs of the motion and the appeal.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, KWACH & OMOLO, JJ.A.) CIVIL APPEAL NO. 109 OF 1999 BETWEEN
STEPHEN WANYEE KINUTHIA ............................ APPELLANT AND SIMON MACHARIA KINUTHIA ........................... RESPONDENT
RULING OF THE COURT
As Mr. Kigotho, for the appellant, concedes that the error on the memorandum of appeal is fatal and therefore renders the appeal incompetent, we have no option but to strike out the appeal, which we hereby do. The respondent will have the costs of the motion and the appeal. Orders accordingly.
Dated and delivered at Nairobi this 15th day of December, 1999.
J. E. GICHERU .................. JUDGE OF APPEAL
R. O. KWACH .................. JUDGE OF APPEAL
R. S. C. OMOLO ................. JUDGE OF APPEAL
I cerity that this is a true copy of the original. DEPUTY REGISTRAR