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Court of AppealStruck OutCivil Appeal (Appli) 259 of 1997· [1998] KECA 43 (KLR)
Court of Appeal At Nairobi v John P. Nangurai (as Personal Representative of Harry Lewis Nangurai, Now Deceased)
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·~1 min to read original · ~4 min briefThe bottom line
#The Court of Appeal struck out the appellants' appeal after their own lawyer conceded the strike-out application, leaving the High Court judgment intact.
What this practically means
#Executive summary
#This is a very short order of the Court of Appeal at Nairobi dated 22nd October 1998, delivered by a bench of Gicheru, Pall and Owuor, Judges of Appeal. The appeal, Civil Appeal (Appli) 259 of 1997, was brought by George Roine Titus and Daniel Ndichu against John P. Nangurai, suing as personal representative of the late Harry Lewis Nangurai. The appeal lay from the decree and judgment of the High Court of Kenya at Nairobi (Bosire J) dated 20th October 1996 in H.C.C.C No. 1038 of 1974. The respondent had applied to strike out the appeal. At the hearing, Mr. Machira, appearing for the appellants, conceded the respondent's application. In consequence, the Court struck out the appeal and awarded the costs of both the application and the appeal to the respondent. The order contains no reasoning, no framed issues, no discussion of authority, and no separate opinions; it is a single order of the whole court. It therefore sets no binding precedent beyond its disposal of the appeal, and the underlying High Court judgment of 20th October 1996 stands undisturbed. The document is certified by the Deputy Registrar as a true copy of the original.
Key legal issues
#Legal principles established
#Court orders
#- 1.The appellants' appeal is struck out
- 2.Costs of the application and of the appeal are awarded to the respondent
- On appeal from
- High Court of Kenya at Nairobi
- H.C.C.C No. 1038 of 1974
- Jurisdiction invoked
- Appellate jurisdiction of the Court of Appeal over the Decree/Judgment of the High Court of Kenya at Nairobi dated 20th October, 1996
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Court of Appeal At Nairobi v John P. Nangurai (as Personal Representative of Harry Lewis Nangurai, Now Deceased)", Case Analysis (1998). Civil Appeal (Appli) 259 of 1997. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1998/43/eng@1998-10-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.