Mr Mutemi Shadrack K. Ndegwa v Philip Munyao Ngumbi
The bottom line
#Kenya's Court of Appeal struck out an appeal because the record lacked a certified copy of the decree, confirming this document is mandatory.
What this practically means
#Executive summary
#Key legal issues
#Competence of an appeal filed without a certified copy of the decree
The omission of a certified copy of the decree from the record of appeal is a mandatory requirement whose breach renders the appeal incurably defective and incompetent, warranting striking out.
Rule 35(1)(b) of the Court of Appeal Rules mandatorily requires that the record of appeal include a certified copy of the decree. The appellant's record did not include it. The court treated the defect as incurable rather than a mere irregularity, and struck the appeal out, making no order as to costs.
Legal principles established
#- A record of appeal that does not include a certified copy of the decree, as mandatorily required by rule 35(1)(b) of the Court of Appeal Rules, is incurably defective and the appeal is incompetent and liable to be struck out.
Court orders
#- 1.The appeal is struck out with no order as to costs
- On appeal from
- High Court of Kenya at Machakos
- H.C.C.C. No. 17 of 1993
- Jurisdiction invoked
- Appellate jurisdiction of the Court of Appeal under the rules of the court (rule 35(1)(b) of the Court of Appeal Rules)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mr Mutemi Shadrack K. Ndegwa v Philip Munyao Ngumbi", Case Analysis (1996). Civil Appeal No. 5 of 1995. Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.