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Court of AppealAllowedCivil Application No. NAI 196 of 1997· [1997] KECA 141 (KLR)
Samson Zachary & Another v Florence Achieng, Ratemo Nyambati & The Attorney General
Court of Appeal of Kenya
26 September 1997
0 words in judgment
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·~1 min to read original · ~4 min briefThe bottom line
#Kenya's Court of Appeal struck out a notice of appeal because the respondents' lawyers did not oppose the application, ending the appeal before it started.
What this practically means
#Executive summary
#This is a very short ruling of the Court of Appeal at Nakuru delivered on 26th September 1997 by Gicheru, Shah JJ.A. and Bosire Ag. J.A. The applicants, Samson Zachary and John Nganga, applied to strike out a notice of appeal lodged by the respondents, Florence Achieng, Ratemo Nyambati and the Attorney General, on 18th April 1990. The notice of appeal was lodged against the judgment and decree of the High Court of Kenya at Nakuru (Tunoi J) dated 2nd April 1990 in H.C.C.C. No. 37 of 1988. The application was not opposed by counsel for the respondents. On that basis, and without setting out any substantive reasoning, the court granted the application, struck out the respondents' notice of appeal, and awarded the costs of the application to the applicants. The effect is that the respondents' intended appeal to the Court of Appeal was terminated at its threshold, leaving the High Court judgment and decree intact. The ruling contains no citation of authorities or statutory provisions, no separate opinions, and no dissent; it is a single disposition of the whole court. Its precedential value is limited: it records the court's practice of granting unopposed striking-out applications rather than articulating any test or principle.
Key legal issues
#01
Whether an unopposed application to strike out a notice of appeal should be allowed
Holding
The application was granted because it was unopposed, resulting in the striking out of the notice of appeal with costs to the applicants.
Reasoning
This is a brief single-paragraph ruling. The court disposed of the application on the basis that counsel for the respondents did not oppose it. No substantive legal reasoning or analysis is set out; the disposition follows directly from the absence of opposition.
p. 2
Legal principles established
#- An unopposed application to strike out a notice of appeal will be granted, with the notice of appeal struck out and costs awarded to the applicant.
Court orders
#- 1.The respondents' notice of appeal lodged on 18th April 1990 is struck out
- 2.Costs of the application to the applicants
- On appeal from
- High Court of Kenya at Nakuru
- H.C.C.C. No. 37 of 1988
- Jurisdiction invoked
- Inherent appellate jurisdiction of the Court of Appeal over notices of appeal from the High Court (Court of Appeal procedural jurisdiction; no specific provision cited in the ruling)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Samson Zachary & Another v Florence Achieng, Ratemo Nyambati & The Attorney General", Case Analysis (1997). Civil Application No. NAI 196 of 1997. Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.