Milka Wanjiru Mathu v Wamuita Kamau [1997] KECA 276 (KLR)
The bottom line
#Kenya's Court of Appeal dismissed a strike-out application because it was filed wrongly — applications touching an appeal must be filed within that appeal itself.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the court could determine an application for striking out an appeal where the application was not filed in the appeal itself and the number of the appeal was not given
Key legal issues
#Whether the Court of Appeal could entertain an application for striking out an appeal that was not filed in the appeal itself
The application was dismissed because it was not properly constituted before the court
The applicant sought to have an appeal struck out, but the application did not state the number of the appeal and was not filed in the appeal itself. The court held that without the application being filed in the appeal, it was unable to decide on any ground advanced by the applicant. The application was therefore dismissed with no order as to costs.
Legal principles established
#- An application relating to an appeal must be filed in the appeal itself; the Court of Appeal cannot determine an application that does not identify or lie within the appeal it seeks to affect
Court orders
#- 1.The application is dismissed
- 2.No order as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- Jurisdiction invoked
- Not stated in the judgment; the court declined to exercise jurisdiction because the application was not filed in the appeal itself
Relief refused
#Striking out of the appeal
The application was not filed in the appeal itself and the appeal number was not given, so the court could not decide on any ground advanced
Costs
No order as to costs
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Unless this application is filed in the Appeal itself we are unable to decide on any ground advanced by the applicant.
The application is therefore dismissed with no order as to costs.
Issues in the judgment
#The judgment does not identify the number of the appeal that the applicant sought to have struck out, and the coram signature block is followed by a certification note; the ruling is extremely brief and does not state the procedural rule or constitutional basis invoked
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Milka Wanjiru Mathu v Wamuita Kamau [1997] KECA 276 (KLR)", Case Analysis (1997). Civil Application No. NAI 82 of 1993. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1997/276/eng@1997-10-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.