CORPORATE INSURANCE CO. LTD vs HAMID CHEMICALS LIMITED [1997] KECA 343 (KLR)
The bottom line
#Kenya's Court of Appeal struck out an appeal filed late without permission, confirming that missed filing deadlines can end an appeal entirely.
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 filed out of time without leave of the Court should be struck out as incompetent under rule 80 of the Court of Appeal Rules
Key legal issues
#Whether an appeal instituted out of time without leave of the Court is competent
The appeal, filed out of time without leave, is incompetent and was struck out under rule 80 of the Court of Appeal Rules.
The respondent moved under rule 80 of the Court of Appeal Rules to strike out the appeal filed on 7th December 1995 on the ground that it was lodged out of time without leave. Counsel for the appellant did not dispute the default, confining herself to a submission on costs based on late service of the motion. The motion, filed on 14th February 1997, gave the appellant sufficient time under rule 49. The Court accordingly granted the application and struck out the appeal as incompetent, with costs to the respondent.
Legal principles established
#- An appeal filed out of time without the leave of the Court is incompetent and liable to be struck out under rule 80 of the Court of Appeal Rules.
Court orders
#- 1.The respondent's Notice of Motion is granted
- 2.The appeal is struck out as incompetent
- 3.Costs of the appeal to the respondent
- 4.The respondent to have the costs of the motion
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
Wrote the judgment
Wrote the judgment
- On appeal from
- High Court of Kenya at Nairobi
- H.C.C.C. No. 1824 of 1987
- Jurisdiction invoked
- Court of Appeal Rules, rules 80 and 49
Relief refused
#Appellant's request that costs not be granted to the respondent
Counsel did not dispute that the appeal was filed out of time without leave; only opposed costs on the ground of late service
Costs
The appeal is struck out as incompetent with costs to the respondent; the respondent will also have the costs of the motion.
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 application is granted and the appeal is struck out as incompetent with costs to the respondent. The respondent will also have the costs of the motion.
on the ground that it was filed out of time without the leave of the Court being sought
Issues in the judgment
#The coram line lists 'KWACH, TUNOI & SHAH, JJ.A.' but the signature block names 'R.O. KWACH', 'A.M. AKIWUMI' and 'A.B. SHAH', creating a discrepancy as to whether Tunoi or Akiwumi sat on this ruling.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "CORPORATE INSURANCE CO. LTD vs HAMID CHEMICALS LIMITED [1997] KECA 343 (KLR)", Case Analysis (1997). Civil Appeal No. 223 of 1995. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1997/343/eng@1997-02-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.