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Court of AppealAllowedCivil Misc. Appli. 103 of 2000

Trimborn Agricultural Engineering Limited v David N Kabaiko & 2 Others [2000] KECA 105 (KLR)

Court of Appeal
29 September 2000
154 words in judgment
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The bottom line

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Kenya's Court of Appeal struck out Trimborn's own Notice of Appeal without opposition, ending the appeal and awarding costs to the respondents.

What this practically means

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Executive summary

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This is a very brief unopposed ruling of the Court of Appeal at Nakuru delivered on 29 September 2000 by a bench comprising Tunoi, Lakha and Keiwua, JJA. The applicant, Trimborn Agricultural Engineering Limited, moved by notice of motion dated 5 April 2000 seeking an order that its own Notice of Appeal dated and filed on 25 June 1996 be struck out. Counsel for the 1st respondent (Mr. Miyienda) and for the 2nd respondent (Mr. Kagucia) did not object to the application. No appearance or position is recorded for the 3rd respondent or for the applicant's counsel. In the absence of any opposition, the court struck out the Notice of Appeal and awarded costs to the respondents. The ruling contains no substantive legal analysis, cites no authorities and no statutory provisions, and does not disturb any decision below; it is a procedural order disposing of a notice of appeal by consent in substance. Its precedential value is limited to confirming that the Court of Appeal will strike out a notice of appeal on an unopposed application and award costs to the respondents. The certified copy annexed is signed by the Deputy Registrar.

Questions the Court framed

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

  1. 1.Whether the applicant's Notice of Appeal dated and filed on 25 June 1996 should be struck out

Key legal issues

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01

Whether the Notice of Appeal filed on 25 June 1996 should be struck out

Holding

The court struck out the Notice of Appeal, the respondents having raised no objection to the application.

Reasoning

The applicant moved by notice of motion dated 5 April 2000 seeking to strike out its own Notice of Appeal dated and filed on 25 June 1996. Counsel for the 1st and 2nd respondents did not object to the application. In the absence of any opposition, the court granted the order sought and awarded costs to the respondents. The ruling is extremely brief and records no substantive legal analysis or reasoning beyond the parties' positions.

p. 1

Legal principles established

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  • Where all respondents to an application do not object to the striking out of a Notice of Appeal, the Court of Appeal will strike out the notice unopposed and award costs to the respondents.

Court orders

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  1. 1.The Notice of Appeal dated and filed on 25 June 1996 is struck out
  2. 2.Costs of the application awarded to the respondents

The bench

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

majority
majority
majority
Jurisdiction invoked
Inherent jurisdiction of the Court of Appeal over its own process (notice of appeal striking out application); no specific constitutional or statutory provision is cited in the judgment

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.

In these circumstances the order of the court is that the said notice be and is hereby struck out with costs to the respondents.
p. 1Final orders - striking out of Notice of Appeal with costs
Mr. Miyienda, for the 1st respondent, and Mr. Kagucia, for the 2nd respondent, do not object.
p. 1Unopposed application

Issues in the judgment

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minor

The judgment records counsel appearing only for the 1st and 2nd respondents; no appearance is recorded for the applicant or the 3rd respondent, though the order binds all parties and costs are awarded to 'the respondents' generally.

minor

The applicant applied to strike out its own Notice of Appeal, which is unusual; the judgment gives no reasons for the application, and the outcome classification 'allowed' reflects only that the application (not an appeal) succeeded.

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, "Trimborn Agricultural Engineering Limited v David N Kabaiko & 2 Others [2000] KECA 105 (KLR)", Case Analysis (2000). Civil Misc. Appli. 103 of 2000. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2000/105/eng@2000-09-29

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