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Court of AppealDismissedCivil Appeal 73 of 1995· [1997] KECA 42 (KLR)
MBUGUA KAHARO v KIRITU MBUGUA [1997] KECA 42 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#Kenya's Court of Appeal confirmed that second appeals only succeed on questions of law — an appeal with none gets dismissed, with costs.
What this practically means
#Executive summary
#This was a second appeal to the Court of Appeal at Nairobi by Mbugua Kaharo against Kiritu Mbugua, arising from a judgment of the High Court of Kenya at Nairobi (Dugdale, J) dated 20th December 1993 in H.C.C.C. No. 275 of 1992. The Court of Appeal, composed of Kwach, Tunoi and Shah, JJ A, delivered a single joint judgment of the court. The court noted that the matter was a second appeal and that, under Section 72(1) of the Civil Procedure Act, such an appeal could only succeed on a question of law. Upon consideration, the court found that no issue of law had been raised in terms of that provision. Consequently, the appeal failed and was dismissed, with costs awarded to the respondent. The judgment is extremely brief and does not set out the facts, the parties' submissions, the grounds of appeal, or any detailed reasoning beyond the statutory threshold finding. No authorities were cited and no separate opinions were rendered; the bench was unanimous. The decision's binding significance lies in its application of the settled principle that a second appeal to the Court of Appeal is confined to questions of law, and that an appeal which discloses none must be dismissed.
Key legal issues
#01
Whether the second appeal disclosed an issue of law under Section 72(1) of the Civil Procedure Act
Holding
The appeal disclosed no issue of law and was therefore dismissed with costs to the respondent.
Reasoning
As a second appeal, the matter could only succeed on a question of law as contemplated by Section 72(1) of the Civil Procedure Act. The court examined the appeal and was unable to identify any such issue of law. In the absence of a qualifying issue of law, the appeal could not succeed and was dismissed, with costs awarded to the respondent.
p. 1
Legal principles established
#- A second appeal to the Court of Appeal lies only on a question of law under Section 72(1) of the Civil Procedure Act; where no such issue of law is raised, the appeal must fail.
Court orders
#- 1.Appeal dismissed with costs to the respondent
- On appeal from
- High Court of Kenya at Nairobi
- H.C.C.C. No. 275 of 1992
- Jurisdiction invoked
- Section 72(1) of the Civil Procedure Act (second appeal on a question of law)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "MBUGUA KAHARO v KIRITU MBUGUA [1997] KECA 42 (KLR)", Case Analysis (1997). Civil Appeal 73 of 1995. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1997/42/eng@1997-04-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.