EDWARD ALLAN ROBINSON & 2 OHTERS vs PHILIP GIKARIA MUTHAMI [1999] KECA 148 (KLR)
The bottom line
#Kenya's Court of Appeal struck out a notice of appeal because a party ignored a court order, showing appeals can die from procedural non-compliance.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Notice of Appeal dated 12th August, 1997 should be struck out for non-compliance with the Court's order of 1st July, 1998
Key legal issues
#Striking out a Notice of Appeal for non-compliance with a court order
The Court struck out the Notice of Appeal dated 12th August, 1997 because the respondent had not complied with the order of the Court made on 1st July, 1998, and counsel for the respondent properly did not oppose the application.
The application was brought under Rule 80 of the Court of Appeal Rules seeking to strike out the Notice of Appeal on the ground of non-compliance with the Court's prior order of 1st July, 1998. Counsel for the respondent did not oppose the application, which the Court considered proper. The Court accordingly granted the application as prayed and struck out the notice with costs.
Legal principles established
#- A Notice of Appeal may be struck out under Rule 80 of the Court of Appeal Rules where a party fails to comply with an order of the Court, particularly where the other party does not oppose the application.
Court orders
#- 1.The application under Rule 80 is granted as prayed
- 2.The notice of appeal dated 12th August, 1997 is struck out
- 3.Costs of the application awarded to the respondent
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. 3717 of 1996
- Jurisdiction invoked
- Rule 80 of the Court of Appeal Rules (appellate jurisdiction over its own process)
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.
This is an application under Rule 80 of the Rules of this Court seeking to strike out the Notice of Appeal dated 12th August, 1997 on the ground that the Respondent has not complied with the Order of this Court made on 1st July, 1998.
Mr. Makoloo for the Respondent does not oppose the application and, we think, properly so.
Accordingly the application is granted as prayed. The notice of appeal dated 12th August, 1997 be and is hereby struck out with costs.
Issues in the judgment
#The judgment records that the application was brought on the ground that the RESPONDENT had not complied with the Court's order, yet the notice of appeal struck out belonged to the appellants; the roles in the ground of the application appear internally inconsistent.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "EDWARD ALLAN ROBINSON & 2 OHTERS vs PHILIP GIKARIA MUTHAMI [1999] KECA 148 (KLR)", Case Analysis (1999). Civil Appeal No. 199 of 1997. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1999/148/eng@1999-02-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.