BENROSE FAST FOOD vs MURANGA PROPERTIES LTD [2000] KECA 335 (KLR)
The bottom line
#Kenya's Court of Appeal struck out a Notice of Appeal that sat idle for years, warning that filing one means nothing unless you actually prosecute the appeal.
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 filed on 23rd October 1997 should be struck out where the respondent has not taken steps to file its appeal and offers no explanation for the inaction
Key legal issues
#Striking out a Notice of Appeal for want of prosecution
The court struck out the Notice of Appeal because the respondent, though served, neither filed a reply nor appeared, and gave no explanation for failing to institute the appeal.
The respondent filed a Notice of Appeal on 23rd October 1997 against a ruling of 16th October 1997 but never took steps to file the appeal. Counsel was served with the striking-out application but filed no affidavit in reply and did not appear. In the absence of any explanation for the inaction and no plausible reason to deny the orders, the court granted the application and struck out the Notice of Appeal with costs assessed at Kshs.10,000.
Legal principles established
#- A Notice of Appeal may be struck out where the intending appellant fails to take steps to file the appeal and provides no plausible explanation for the delay or inaction, particularly where the application is unopposed.
Court orders
#- 1.The Notice of Appeal filed on 23rd October 1997 in the above mentioned suit is struck out
- 2.Costs of the application to the applicant assessed at Kshs.10,000/=
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- High Court
- Civil Case No. 1424 of 1997
- Jurisdiction invoked
- Inherent appellate jurisdiction of the Court of Appeal to strike out a Notice of Appeal where no appeal is prosecuted
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.
Accordingly the Notice of Appeal filed on 23rd October 1997 in the above mentioned suit is struck out.
In absence of any explanation for that and there being no plausible or any reason to deny the applicant the orders sought in the instant application for order striking out the Notice of Appeal, we have no option but to grant the orders.
Costs of the application to the applicant assessed at Kshs.10,000/=.
Issues in the judgment
#The judgment does not state the applicant's name or the application number; the case title and number are inferred from the narrative.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "BENROSE FAST FOOD vs MURANGA PROPERTIES LTD [2000] KECA 335 (KLR)", Case Analysis (2000). Civil Application (Nairobi). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2000/335/eng@2000-05-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.