Case Metadata |
|
| Case Number: | Civil Appeal (Appli) 26 of 2006 |
|---|---|
| Parties: | Gaudensia Atieno Amimo v Akamba Public Road Services Limited, Shadrack Kaigai & Daniel Kaigai |
| Date Delivered: | 23 Jun 2006 |
| Case Class: | Civil |
| Court: | Court of Appeal at Kisumu |
| Case Action: | Ruling |
| Judge(s): | Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Philip Nyamu Waki |
| Citation: | Gaudensia Atieno Amimo v Akamba Public Road Services Limited & 2 others [2006] eKLR |
| Advocates: | Mr. Otieno for the Respondent/Applicant Mr. Menezes for the Appellant/Respondent |
| Case History: | (An application to strike out record of appeal from the judgment of the High Court of Kenya at Kisumu (Mr. Justice Mohammed Warsame) dated 24th November, 2005 in KISUMU H.C.C. NO. 173 OF 2001) |
| Court Division: | Civil |
| County: | Kisumu |
| Advocates: | Mr. Otieno for the Respondent/Applicant Mr. Menezes for the Appellant/Respondent |
| History Docket No: | H.C.C. NO. 173 OF 2001 |
| History Judges: | Mohammed Abdullahi Warsame |
| Case Summary: | [Ruling] Civil Practice and Procedure – appeal – application to strike out record of appeal – grounds: that the decree contained in the record of appeal was not signed by the Deputy Registrar – whether the record of appeal should be struck out - Court of Appeal Rules rule 80 |
| History Advocates: | Both Parties Represented |
| History County: | Kisumu |
| Case Outcome: | Dismissed |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE COURT OF APPEAL OF KENYA
AT KISUMU
CIVIL APPEAL (APPLI) 26 OF 2006
GAUDENSIA ATIENO AMIMO….......…...APPLICANT/1ST RESPONDENT
AND
AKAMBA PUBLIC ROAD SERVICES LIMITED ..........................1ST RESPONDENT/APPELLANT
SHADRACK KAIGAI ...………………………....2ND RESPONDENT
DANIEL KAIGAI ..................................................3RD RESPONDENT
(An application to strike out record of appeal from the judgment of the High Court of Kenya at Kisumu (Mr. Justice Mohammed Warsame) dated 24th November, 2005
in
KISUMU H.C.C. NO. 173 OF 2001)
******************
RULING OF THE COURT
What is before us is an application made by the 1st respondent in the main appeal under rule 80 of the Rules of this Court for striking out the record of appeal for two reasons: firstly, that the purported decree contained in the record of appeal is not signed by the Deputy Registrar and that it relates to a judgment delivered on 8th February, 2005 whilst the judgment the subject matter of the appeal was delivered on 24th November, 2005; secondly, that the record of appeal contains various illegible copies of primary documents. We have examined the original record of the superior court and it is conceded by Mr. Menezes for the appellant/respondent, that the original decree is not signed and is in fact blank and unsigned. The Deputy Registrar’s Certification of it in that form is therefore of no consequence. On this ground alone, we think Mr. Otieno’s submission is valid and we grant the application as sought.
Accordingly, we order that the record of appeal filed in this Court on 8th February, 2006 be and is hereby struck out with costs to the first and second respondents in the main appeal.
Dated and delivered at Kisumu this 23rd day of June, 2006.
P. K. TUNOI
………………………
JUDGE OF APPEAL
E. O. O’KUBASU
……………………….
JUDGE OF APPEAL
P. N. WAKI
…………………………
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR
Please Wait. Searching ...