ASSOCIATED ARCHITECTS vs ALL AFRICA CONFERENCE OF CHURCHES [1997] KECA 279 (KLR)
The bottom line
#Kenya's Court of Appeal struck out an appeal because the record lacked a certified copy of the decree, confirming this requirement is mandatory.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether an appeal whose record omits a certified copy of the decree appealed against, as mandatorily required by Rule 85(1)(h), is competent
Key legal issues
#Competence of an appeal lacking 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 85(1)(h) of the Court of Appeal Rules mandatorily requires that the record of appeal contain a certified copy of the decree appealed against. The appellant's record did not include it. The court treated the requirement as mandatory rather than directory, so the defect could not be cured, and the only course open was to strike out the appeal, doing so without costs.
Legal principles established
#- An appeal whose record does not include a certified copy of the decree appealed against, as mandatorily required by Rule 85(1)(h) of the Court of Appeal Rules, is incurably defective and incompetent and must be struck out
Court orders
#- 1.The appeal is struck out
- 2.No order as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- High Court of Kenya at Nairobi
- H.C.C.C. No. 4423 of 1988
- Jurisdiction invoked
- Appellate jurisdiction of the Court of Appeal under the Court of Appeal Rules, Rule 85(1)(h)
Relief refused
#Prosecution of the appeal on the defective record
The record of appeal lacked the certified copy of the decree required by Rule 85(1)(h), rendering the appeal incurably defective and incompetent
Costs
No order as to costs - each party to bear their own 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.
The record of appeal does not contain as mandatorily required by R.85 (1)(h) a certified copy of the decree appealed against. This makes the appeal incurably defective and therefore incompetent.
It is hereby struck out but with no order as to costs. It is so ordered.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "ASSOCIATED ARCHITECTS vs ALL AFRICA CONFERENCE OF CHURCHES [1997] KECA 279 (KLR)", Case Analysis (1997). Civil Appeal No. 8 of 1992. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1997/279/eng@1997-01-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.