Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
Court of AppealStruck OutCivil Appeal No. 101 of 1994

COAST BUS COMPANY vs GIDEON NDEKE MUNYAO (SUING AS NEXT OF KIN TO JONAH NDEKE MUNYAO AND NZEMBI MUNYAO [1986] KECA 4 (KLR)

Court of Appeal
5 November 1986
RKR. O. KwachPhilip Kiptoo TunoiP. K. TunoiALA. A. Lakha
192 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

#

Kenya's Court of Appeal struck out an entire appeal because the decree filed in the record was wrongly dated, proving dates matter.

What this practically means

#

Executive summary

#
In this brief Court of Appeal decision at Nairobi, a panel comprising Kwach, Tunoi and Lakha, JJ.A., dealt with Civil Appeal No. 101 of 1994, an appeal by Coast Bus Company against the judgment of the High Court of Kenya at Machakos (Osiemo, J.) dated 17th March 1993 in H.C.C.C. No. 96 of 1993, in which the respondent sued as next of kin to Jonah Ndeke Munyao and Nzembi Munyao. The court did not reach the merits of the appeal. Instead, it examined the decree incorporated in the record of appeal lodged on 28th June 1994 and found that it was wrongly dated, thereby contravening Order 20 rule 7 of the Civil Procedure Rules. That contravention rendered the appeal defective. The court struck out the appeal, vacated the order of stay that the superior court had granted, and ordered the money deposited with Prudential Finance Co. Ltd. released to the respondent. The court made no order as to costs. The judgment is delivered as a single order of the whole court, with no separate opinions or dissents, and no authorities are cited. It establishes, as a binding appellate proposition, that a wrongly dated decree in a record of appeal is a fatal defect justifying striking out the appeal. Note: the copy bears a delivery date of 5th November 1986, which is inconsistent with the 1993 judgment and 1994 lodging dates and appears to be an error.

Key legal issues

#
01

Whether a wrongly dated decree in the record of appeal is a fatal irregularity.

Holding

Yes. The decree contravened Order 20 rule 7 of the Civil Procedure Rules, the appeal was thereby rendered defective, and it was struck out.

Reasoning

The court examined the decree incorporated in the record of appeal and found it wrongly dated. Such a decree breaches the mandatory requirement of Order 20 rule 7 of the Civil Procedure Rules governing the form and dating of decrees. Because the very document founding the appeal was irregular, the appeal was rendered defective and could not proceed, with the consequential release of the deposited funds and vacation of the stay.

p. 2

Legal principles established

#
  • A decree incorporated in a record of appeal that is wrongly dated contravenes Order 20 rule 7 of the Civil Procedure Rules and renders the appeal defective, warranting striking out.

Court orders

#
  1. 1.The appeal is struck out as defective.
  2. 2.The order of stay granted by the superior court is vacated.
  3. 3.The money deposited with Prudential Finance Co. Ltd. is ordered released to the respondent.
  4. 4.No order as to costs.
On appeal from
High Court of Kenya at Machakos
H.C.C.C. No. 96 of 1993
Jurisdiction invoked
Appellate jurisdiction of the Court of Appeal over a decree of the High Court (Civil Appeal from H.C.C.C. No. 96 of 1993); no specific constitutional or statutory provision is invoked in the judgment.

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "COAST BUS COMPANY vs GIDEON NDEKE MUNYAO (SUING AS NEXT OF KIN TO JONAH NDEKE MUNYAO AND NZEMBI MUNYAO [1986] KECA 4 (KLR)", Case Analysis (1986). Civil Appeal No. 101 of 1994. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1986/4/eng@1986-11-05

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.