Case Metadata |
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| Case Number: | Civil Appeal 14 of 1995 |
|---|---|
| Parties: | HUDSON NG’ANG’A v DICK SCHMITT |
| Date Delivered: | 21 Jul 1995 |
| Case Class: | Civil |
| Court: | Court of Appeal at Malindi |
| Case Action: | |
| Judge(s): | Riaga Samuel Cornelius Omolo, Abdulrasul Ahmed Lakha, Richard Otieno Kwach |
| Citation: | HUDSON NG’ANG’A v DICK SCHMITT [1995] eKLR |
| Case History: | (Appeal from a ruling of the High Court of Kenya at Mombasa (Justice Wambilyangah) dated 12th October, 1994 IN H.C.C.A NO. 71 OF 1991) |
| Case Summary: | [Ruling] Civil Procedure - appeal - record of appeal not containing a certified copy of the order sought to be appealed against - record of appeal fatally defective and incompetent - Civil Procedure Rules rule 85(1)(h) |
| 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 MOMBASA
HUDSON NG’ANG’A………………………..................................................................……...APPELLANT
AND
DICK SCHMITT…………........................................……...........................................……. RESPONDENT
(Appeal from a ruling of the High Court of Kenya at Mombasa (Justice Wambilyangah) dated 12th October, 1994
IN
H.C.C.A NO. 71 OF 1991)
*********************
RULING OF THE COURT
The record of appeal filed on 8th December, 1994 does not contain a certified copy of the Order sought to be appealed against. Consequently, under Rule 85(1)(h) of the Court of Appeal Rules is fatally defective and incompetent. It follows, therefore, that the appeal so filed is incurably incompetent and we strike it out with no order as to costs.
Dated and delivered at Mombasa this 21st day of July, 1995.
R. O. KWACH
………………….
JUDGE OF APPEAL
R. S. C. OMOLO
………………….
JUDGE OF APPEAL
A. A. LAKHA
………………….
JUDGE OF APPEAL
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