Case Metadata |
|
| Case Number: | civ app 53 of 01 |
|---|---|
| Parties: | Bahati Women Company Limited v Joseph Mathenge Muturi & 7 others |
| Date Delivered: | 28 Feb 2003 |
| Case Class: | Civil |
| Court: | Court of Appeal at Nakuru |
| Case Action: | Ruling |
| Judge(s): | Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire, Effie Owuor |
| Citation: | Bahati Women Company Limited v Joseph Mathenge Muturi & 7 others[2003] eKLR |
| Case History: | Appeal from the ruling of the High Court of Kenya at Nakuru (Rimita, J.) dated the 8th day of November, 2000 in H.C.C.C. NO. 375 OF 2000) |
| History Docket No: | H.C.C.C. NO. 375 OF 2000 |
| History Judges: | David Maitai Rimita |
| History County: | Nakuru |
| Case Outcome: | Allowed |
| 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
BETWEEN
BAHATI WOMEN COMPANY LIMITED ....................... APPELLANT
AND
1. JOSEPH MATHENGE MUTURI
2. DAVID MUCHAI NG'ANG'A
3. LUCY WANJIRU MURATHA
4. PETER O. OBWANG
5. LUCY WAMBUI GACHAU
6. EMILY NYAMBURA WACHANIA
7. VERONICA NJERI
8. JACINTA NJERI MWANGI ................................RESPONDENTS
(Appeal from the ruling of the High Court of Kenya at Nakuru
(Rimita, J.) dated the 8th day of November, 2000
Mr. Mbeche, counsel for the respondents in this application concedes, quite properly so, that the notice of appeal included in the record of appeal was served out of time without leave, and also that the order appealed from which is part of the record does not tally with the ruling of the superior court appealed against. That being the case and considering that the order is a primary document and cannot be amended,it followsthat this appeal is incurably defective.
In the result, we allow the respondents' application dated 24th April, 2001, with costs, strike out both the notice of appeal and the appeal as incompetent. We award the costs of the appeal to the respondents to be taxed if not agreed upon.
P. K. TUNOI
...............
JUDGE OF APPEAL
S. E. O. BOSIRE
...............
JUDGE OF APPEAL
E. OWUOR
...............
JUDGE OF APPEAL
in
H.C.C.C. NO. 375 OF 2000)
*********************
RULING OF THE COURT
Dated and delivered this 28th day of February, 2003.
I certify that this is
a true copy of the original.
DEPUTY REGISTRAR
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