IPA LABORATORIES LIMITED vs NATURE PHARMACY LIMITED [1999] KECA 97 (KLR)
The bottom line
#Kenya's Court of Appeal struck out an appeal because the record of appeal left out a key court document, showing completeness 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 record that omits an admitted pleading (the defence to the counterclaim), in breach of rule 85(1)(c) of the Court's Rules, is competent
Key legal issues
#Competency of a record of appeal omitting an admitted pleading
Omission of the defence to the counterclaim from the record breaches rule 85(1)(c), a mandatory provision, and the defect is incurable; the appeal must be struck out
The court treated rule 85(1)(c) as mandatory in requiring the record to include the pleadings. The defence to the counterclaim was an admitted pleading yet absent from the record. Because the breach went to the completeness of the record itself, the defect could not be cured, and the only available course was to strike out the appeal as incompetent, with costs to the respondent.
Legal principles established
#- A record of appeal that omits an admitted pleading, in breach of rule 85(1)(c) of the Court of Appeal Rules, is incurably defective and incompetent and will be struck out
Court orders
#- 1.The appeal is struck out as incompetent
- 2.Costs of the appeal awarded to the respondent
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- Jurisdiction invoked
- Rules of this Court, rule 85(1)(c) (as invoked in the ruling); no constitutional or statutory provision expressly cited
Relief refused
#Prosecution of the appeal on the defective record
The record omitted the defence to the counterclaim, breaching the mandatory rule on the contents of the record of appeal, rendering it incurably defective
Costs
The appeal was struck out with costs (to the respondent)
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.
It is not in dispute that the defence to the counterclaim (which is an admitted pleading) is not included in the record in breach of mandatory provisions of rule 85(1)(c) of the Rules of this Court.
This renders the record incurably defective and incompetent. Accordingly, the appeal is struck out as incompetent with costs.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "IPA LABORATORIES LIMITED vs NATURE PHARMACY LIMITED [1999] KECA 97 (KLR)", Case Analysis (1999). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1999/97/eng@1999-11-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.