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Case Brief · caselaw.co.ke
Court of AppealDismissedCivil Appeal No. 125 of 1998

Euro Bank Limited v Dr Julius Gikonyo Kiano

Court of Appeal
21 October 1998
175 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Court of Appeal confirmed you cannot strike out an appeal against a court ruling just because no certified decree exists.

What this practically means

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Executive summary

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This is a short interlocutory ruling of the Court of Appeal at Nairobi (Gicheru, Pall and Owor JJ.A.) delivered on 21 October 1998 in Civil Appeal No. 125 of 1998, an appeal by Euro Bank Limited against a ruling of the High Court (Khamoni J) dated 29 April 1998 in H.C.C.C. No. 501 of 1998. The respondent, Dr Julius Gikonyo Kiano, applied by notice of motion for the appeal to be struck out on the ground that the record did not include a certified copy of the decree. The Court of Appeal rejected the application on a simple jurisdictional premise: the appeal was not against any decree but against the High Court's ruling, and the underlying suit was still pending for trial in the superior court, so no decree existed to be certified. The motion was therefore dismissed with costs. The ruling establishes, as a binding proposition for lower courts, that an appeal against an interlocutory ruling in a pending suit cannot be defeated for want of a certified copy of the decree. No authorities or statutory provisions are cited, the bench was unanimous, and the decision did not disturb the High Court ruling itself, which remains subject to the pending appeal.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether an appeal against a ruling of the High Court, where no decree has been drawn and the suit remains pending for trial, must be struck out for want of a certified copy of the decree

Key legal issues

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01

Whether the absence of a certified copy of the decree justifies striking out an appeal against a ruling

Holding

It does not; the appeal being against a ruling rather than a decree, the requirement of a certified decree does not apply.

Reasoning

The respondent moved to strike out the appeal because it lacked a certified copy of the decree. The court held that the appeal was directed at the High Court's ruling of 29 April 1998, not at any decree, and that the underlying suit remained pending for trial. Accordingly, no decree existed to be certified and the application lacked merit.

p. 1

Legal principles established

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  • An appeal against an interlocutory ruling of the High Court, in a suit still pending trial, is not an appeal against a decree and cannot be struck out for want of a certified copy of the decree.

Court orders

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  1. 1.The respondent's notice of motion seeking to strike out the appeal is dismissed with costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority
majority
majority
On appeal from
High Court of Kenya at Nairobi
H.C.C.C. No. 501 of 1998
Jurisdiction invoked
Appeal against a ruling of the High Court (no specific constitutional or statutory provision stated in the judgment)

Relief refused

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Striking out of the appeal for want of a certified copy of the decree

The appeal is against a ruling, not a decree, and the suit is still pending for trial in the superior court

p. 1

Costs

The application is dismissed with costs (costs of the application to the respondent).

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

But this appeal is not against any decree. It is against the ruling of the superior court dated 29th April, 1998.
p. 1Nature of the appeal - ruling, not decree
In fact the suit is still pending for trial in the superior court. There is no merit in this application. It is hereby dismissed with costs.
p. 1Final orders - dismissal of striking-out application

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Euro Bank Limited v Dr Julius Gikonyo Kiano", Case Analysis (1998). Civil Appeal No. 125 of 1998. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1998/273/eng@1998-10-21

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