STANDARD CHARTERED BANK (K) LTD vs MEME J.M. ANJURI & GITIMBINE INDUSTRIES LTD [2001] KECA 319 (KLR)
The bottom line
#Kenya's Court of Appeal struck out an appeal because the appellants failed to take required procedural steps, confirming courts will enforce appeal deadlines strictly.
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 appeal lodged on 5th July 1999 should be struck out under rule 80 of the Court of Appeal Rules for failure to take essential steps
Key legal issues
#Striking out an appeal under rule 80 of the Court of Appeal Rules for failure to take essential steps
The court was satisfied that the essential steps set out in rule 80 had not been taken and struck out the appeal with costs.
The respondent moved under rule 80 of the Court of Appeal Rules to strike out the appeal lodged on 5th July 1999. The court, hearing counsel (Mr. Mwarania appearing unsuccessfully for the appellant), found itself satisfied that the essential steps prescribed by the rule had not been taken. The notice of motion therefore succeeded, and the appeal was struck out with costs, including the costs of the motion.
Legal principles established
#- Where essential steps required under rule 80 of the Court of Appeal Rules have not been taken, the Court will strike out the appeal on the motion of a respondent.
Court orders
#- 1.The appeal lodged on 5th July 1999 is struck out with costs including the costs of the motion
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- High Court of Kenya at Meru
- H.C.C.C. No. 77 of 1993
- Jurisdiction invoked
- Rule 80 of the Court of Appeal Rules (Rules of this Court)
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.
We are satisfied that the essential steps as therein are set out have not been taken.
Accordingly, the appeal lodged on 5th July, 1999 is struck out with costs including the costs of the motion.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "STANDARD CHARTERED BANK (K) LTD vs MEME J.M. ANJURI & GITIMBINE INDUSTRIES LTD [2001] KECA 319 (KLR)", Case Analysis (2001). Civil Appeal (Application) No. 158 of 1999. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2001/319/eng@2001-11-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.