Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
Court of AppealAllowedCivil Application No. Nai. 343 of 1996· [1997] KECA 246 (KLR)

Gibson Mugwe Murathi v Wangari Kanyari Mwangi Ndoria

Court of Appeal
13 May 1997
0 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 appeal notice because it wasn't properly signed, showing strict compliance with appeal rules is essential.

What this practically means

#

Executive summary

#
This was an interlocutory application before the Court of Appeal at Nyeri under rule 80 of the Court of Appeal Rules, seeking to strike out a Notice of Appeal filed on 24th May, 1995 by the respondents in an intended appeal from a judgment of the High Court at Nyeri (Justice Tunoi) dated 24th September, 1992 in H.C.C.A. No. 61 of 1986. The applicant's ground was that the notice was not signed by or on behalf of the respondents, in breach of rule 74(6) of the Rules, and that a notice of appeal must be substantially in the form in the First Schedule. The court found that the notice bore no signature at the appropriate place. It further held that even if the mark at the bottom left-hand corner could be treated as a signature, two signatures were required, not one, since there were two respondents. The court noted that since filing the purported notice the respondents had not lodged an appeal, with the result that the notice was deemed withdrawn under rule 82 of the Rules. On those grounds the application succeeded and the Notice of Appeal was struck out, with costs to the applicant. The ruling was delivered by a bench of Kwach, Pall, JJ.A. and Bosire, Ag.J.A. as a single judgment of the court on 13th May, 1997. No authorities were cited in the ruling.

Key legal issues

#
01

Whether an unsigned Notice of Appeal breaches rule 74(6) and justifies striking out

Holding

The court held that the notice was defective because it bore no signature at the appropriate place, and even the stray mark at the bottom left-hand corner could not suffice since two signatures were required for the two respondents.

Reasoning

Rule 74(6) requires a notice of appeal to be signed by or on behalf of the party filing it, and the prescribed form in the First Schedule must be substantially followed. The notice in question had no signature at the appropriate place. Even treating the bottom left-hand mark as a signature, two respondents required two signatures. Having filed no appeal since, the notice was deemed withdrawn under rule 82 and was struck out with costs.

p. 2

Legal principles established

#
  • A Notice of Appeal must be signed by or on behalf of the party filing it in compliance with rule 74(6) of the Court of Appeal Rules, and where two parties are filing, two signatures are required; a non-compliant notice is liable to be struck out under rule 80.

Court orders

#
  1. 1.The Notice of Appeal filed by the respondents is struck out
  2. 2.Costs of the application to the applicant
On appeal from
High Court of Kenya at Nyeri
H.C.C.A. No. 61 of 1986
Jurisdiction invoked
Rule 80 of the Court of Appeal Rules (application to strike out a Notice of Appeal in an intended appeal)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Gibson Mugwe Murathi v Wangari Kanyari Mwangi Ndoria", Case Analysis (1997). Civil Application No. Nai. 343 of 1996. Source: 

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