[2000] KECA 105 (KLR)

[2000] KECA 105 (KLR)

The Court of Appeal found that since the application to strike out the Notice of Appeal was not opposed by the respondents' counsel, there was no reason to refuse the order. The court therefore exercised its discretion to strike out the Notice of Appeal dated and filed on 25 June, 1996, and awarded costs to the respondents.

Citation
[2000] KECA 105 (KLR)
Parties
Applicant: Trimborn Agricultural Engineering Limited; Respondent: David N. Kabaiko; Respondent: Kenya Shield Security Limited; Respondent: Stephen Kiriago t/a Hot Guard Security Service
Court
Court of Appeal
Court Station
Court of Appeal at Nakuru
Jurisdiction
Kenya
Judgment Date
29 September 2000
Case Number
Civil Miscellaneous Application 103 of 2000
Procedural Posture
Miscellaneous Application / Ruling on Application to Strike Out Notice of Appeal
Outcome
Application allowed. Notice of Appeal struck out with costs to the respondents.
Judges
D Ole Keiwua
Legal Topics
Notice of Appeal, Striking Out Proceedings
Source Language
English
Civil Procedure Notice of Appeal Striking Out Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Trimborn Agricultural Engineering Limited

Applicant

David N. Kabaiko

Respondent

Kenya Shield Security Limited

Respondent

Stephen Kiriago t/a Hot Guard Security Service

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application to Strike Out Notice of Appeal

Legal Issues

  1. 1 Whether the Notice of Appeal dated and filed on 25 June, 1996 should be struck out.

Ratio Decidendi

The Court of Appeal found that since the application to strike out the Notice of Appeal was not opposed by the respondents' counsel, there was no reason to refuse the order. The court therefore exercised its discretion to strike out the Notice of Appeal dated and filed on 25 June, 1996, and awarded costs to the respondents.

Court Disposition

Application allowed. Notice of Appeal struck out with costs to the respondents.

Orders

  • The Notice of Appeal dated and filed on 25 June, 1996 is struck out.
  • Costs awarded to the respondents.